BVA9505971 
DOCKET NO.  92-13 498     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Pittsburgh,
Pennsylvania

THE ISSUE

Entitlement to service connection for hearing loss of the right
ear, tinnitus, a low back disorder, and asthma.

REPRESENTATION

Appellant represented by: Susan Paczak, Attorney at Law

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Richard F. Williams, Counsel

INTRODUCTION

The veteran had active military service from May 1943 to October
1945.

This case comes to the Board of Veterans' Appeals (Board) from an
August 1990 decision by the Department of Veterans Affairs (VA)
Regional Office (RO) in Pittsburgh, Pennsylvania, which denied
service connection for hearing loss of the right ear, tinnitus, a
low back disorder, and asthma.  The veteran appealed that
determination, and in an April 1993 decision the Board denied
service connection for the conditions.

The veteran then appealed to the United States Court of Veterans
Appeals (Court).  In January 1995, the parties submitted a joint
motion to the Court, requesting that the Board decision be
vacated and the case remanded for further development.  By Court
order of January 1995, the joint motion was granted.  Thereafter,
the case was returned to the Board.  In February 1995, the Board
asked the veteran's attorney, Susan Paczak, whether she wished to
submit additional written argument.  The Board received the
attorney's written response in March 1995.

REMAND

Copies of the January 1995 joint motion and Court order had been
placed in the veteran's claims folder.  As indicated in these
documents, further development is required.  Accordingly, the
case is REMANDED to the RO for the following action:

1.  The RO should again contact the
National Personnel Records Center (NPRC)
and ask that a thorough search be conducted
of secondary sources of medical records

concerning the veteran, including unit
morning reports and Army Surgeon General's
Office hospital admission extracts (SGO
reports).  The RO should obtain all such
records which exist, and should also ask
the NPRC to provide any service personnel
records concerning the veteran.  If any
additional information is required to
obtain the records from the NPRC, the RO
should notify both the veteran and his
attorney who should provide the
information.

2.  The RO should contact both the veteran
and his attorney and have them provide a
detailed list (names, addresses, dates) of
all VA or non-VA medical providers who have
examined or treated the veteran, since his
1945 service discharge, for hearing loss,
tinnitus, a low back disorder, and asthma.
Forms to authorize release of records to
the VA should be provided to and completed
by the veteran.  The RO should directly
contact all identified medical providers
and obtain copies of all medical records
not already in the claims folder.
38 C.F.R. § 3.159 (1994).

3.  The RO should also advise both the
veteran and his attorney as to other forms
of evidence (e.g., lay statements) they may
submit in support of the claims for service
connection, and they should be given a
reasonable time to submit such evidence.

Thereafter, the RO should review the claims.  If the claims are
denied, the veteran and his attorney should be issued a
supplemental statement of the case and given an opportunity to
respond.  Then the case should be returned to the Board.

          L. W. TOBIN
          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 remand 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) (1994).