BVA9500813 
DOCKET NO.  93-12 080     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New York, New
York

THE ISSUES

1.  Entitlement to service connection for a cardiovascular
disorder as secondary to the veteran's service-connected
bilateral varicose veins.

2.  Entitlement to an increased disability evaluation for
bilateral varicose veins, currently evaluated as 60 percent
disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from October 1940 to
August 1943.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a December 1992 rating decision of the New York, New
York, Regional Office (RO) of the Department of Veterans Affairs
(VA).

Initially, the veteran had requested a personal hearing in
connection with this appeal; however, this request was
subsequently withdrawn by the veteran

REMAND

Preliminary review of the evidentiary record reflects that the
veteran's appeal was received at the Board in June 1993.  Since
that time, additional evidence has been received in the form of
VA outpatient and inpatient clinical reports.  This additional
evidence was received without a waiver of the veteran's right to
have that evidence initially considered by the RO.  Any pertinent
evidence submitted by the veteran or representative which is
accepted by the Board must be referred to the RO for review and
preparation of a supplemental statement of the case, unless this
procedural right is waived by the appellant.  See 38 C.F.R.
§ 20.1304(c) (1993).  The veteran has not waived his procedural
rights.

The Board further notes that the veteran underwent a VA
examination in August 1992.  However, in light of the veteran's
recent treatment, he should be afforded a current VA examination
for the purpose of determining the degree of severity of his
service-connected bilateral varicose veins.

Accordingly, further appellate consideration will be deferred and
the case is REMANDED to the RO for the following action:

1.  The veteran should be requested to
identify all sources of recent medical
treatment received by him for his service-
connected bilateral varicose veins and
cardiovascular disorder and to furnish
signed authorizations for release to the VA
of private medical records in connection
with each non-VA source he identifies.
Copies of the medical records from all
sources he identifies (not already in the
claims folder) should then be requested.
All records obtained should be added to the
claims folder.

2.  Following completion of the above
development, the RO should schedule the
veteran for an examination by an
appropriate specialist for the purpose of
determining the current severity of his
service-connected bilateral varicose veins.
All indicated tests and studies should be
performed and reported in accordance with
the VA Physician's Guide for Disability
Evaluation Examinations.  Any functional
limitation of the legs due to pain should
be reported.  The claims folder should be
made available and reviewed by the examiner
prior to the examination of the veteran.

After the above development has been completed, the RO should
then reevaluate the veteran's claim in the light of the evidence
received by the Board in August 1994 and any additional evidence
received in connection with this remand.  If either determination
remains adverse to the veteran, he and his representative should
be furnished a supplemental statement of the case which
summarizes the pertinent evidence, fully cites the applicable
legal provisions, including 38 C.F.R. § 3.321(b)(1) (1993) and
reflects detailed reasons and bases for the decision reached.

The veteran and his representative should be given the
opportunity to respond thereto.  Thereafter, the case should be
returned to the Board for further appellate consideration, if
otherwise in order, following appropriate appellate procedures.
The purpose of the REMAND is to accord due process of law and to
further develop the record.  The Board does not intimate any
opinion, either factual or legal, as to the ultimate disposition
warranted in this case.  No action is required of the veteran
until he receives further notice.

          ALBERT D. TUTERA
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals.  This action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in
the nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.  38 C.F.R.
§ 20.1100(b) (1993).