BVA9506373 
DOCKET NO.  93-15 432     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to special monthly pension based on the need for
regular aid and attendance or by reason of being housebound.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from July 1942 to December 1945.
This appeal arises from a July 1992 decision which denied the
veteran's claim for special monthly pension based on the need for
regular aid and attendance or by reason of being housebound.

The veteran contends that he has a nervous disorder, chronic
constipation and functional bowel syndrome, heart disease,
urinary hesitancy and diverticulosis. He states that, for his
safety and welfare, he requires the aid and attendance of another
person.  Richard P. Maulion, M.D., in a September 1992 statement,
indicated that, because of the veteran's mental status and his
medications, he is for all means and purposes housebound.  The
veteran's representative notes that the veteran was not afforded
an examination by the Department of Veterans Affairs.

Under the circumstances, the Board of Veterans' Appeals (Board)
finds that further development is necessary.  Accordingly, the
veteran's claim is REMANDED to the originating agency for the
following action:

1.  The originating agency should request
that the veteran, through his representative,
identify all recent sources of treatment and
to furnish signed authorizations for the
release of private medical records.  The
originating agency should obtain copies of
medical records from all sources he
identifies.  All records obtained should be
associated with the veteran's claims file.

2.  The originating agency should schedule
the veteran for psychiatric,
gastroenterologic, cardiovascular and general
medical examinations to determine the
severity of his current disabilities.  All
necessary tests and studies should be
accomplished, and all clinical manifestations
should be reported in detail in order to
determine his need for regular aid and
attendance or housebound status.  The
examining physicians should be given access
to the veteran's claims file for a sufficient
period of time to allow for a complete review
of the record in connection with the
examinations.

3.  The originating agency should then assign
a disability evaluation for each of the
veteran's disabilities in accordance with the
Schedule for Rating Disabilities, and
evaluate the veteran's entitlement to special
monthly pension benefits.

4.  If any determination made is unfavorable
to the veteran, both he and his
representative should be provided with a
supplemental statement of the case which sets
forth the evidence received since the April
1993 supplemental statement of the case as
well as the appropriate Diagnostic Codes and
a discussion of their applicability to the
veteran's disabilities.

After allowing the veteran and his representative the appropriate
period of time in which to respond to the supplemental statement
of the case, the veteran's case should be returned to the Board
for further appellate consideration, if otherwise in order.  The
purpose of this REMAND is to secure clarifying information and
ensure due process.  No action is required on the part of the
veteran until he receives further notice.

          E. M. KRENZER
          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).