BVA9504012 
DOCKET NO.  92-22 805     )       DATE
          )
          )

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

THE ISSUE

Service connection for hypertension.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Barry F. Bohan, Counsel

REMAND

The appellant served in the United States Air Force from March
1952 to January 1979.

In a February 4, 1980 rating decision, the New Orleans, Louisiana
VARO denied the appellant's claim for hypertensive vascular
disease.  The appellant filed a notice of disagreement on
February 29, 1980, and VARO issued a statement of the case in
March 1980.  The appellant did not file an appeal to the Board.

This appeal arose from an April 1992 rating decision of the New
Orleans VARO which confirmed and continued the February 1980
denial of service connection for hypertensive disease.  The
appellant duly appealed that decision to the Board.  The case was
certified for appeal on the issue of whether new and material
evidence sufficient to reopen the appellant's claim for
hypertension had been submitted.

In a July 1994 decision, the undersigned Board member concluded
that the appellant had submitted new and material evidence which
was sufficient to reopen his claim.  The case was remanded so
that the appellant could have the opportunity to inform VARO of
the names and addresses of all health care providers who treated
him for hypertension since service.  VARO was then to attempt to
obtain all such medical treatment records of the appellant and
associate them with his claims folder.  After this had been done,
VARO was to readjudicate the appellant's claim for hypertension
on a de novo basis.

In August 1994, VARO contacted the appellant, who sent in copies
of records which were already in the claims folder.  VARO then
sent the file back to the Board without readjudicating the case.
Therefore, this case unfortunately requires another remand, since
VARO never did a de novo review of the evidence and the posture
of the case is still based on the issue of new and material
evidence, notwithstanding the Board's decision in July 1994.

The case is therefore REMANDED to VARO for the following actions:

VARO should conduct a de novo review of the
evidence and render a decision concerning
the appelant's claim for hypertension.

If the claim remains denied, the case should be returned to the
Board after the issuance of a Supplemental Statement of the Case
and after compliance with all other requisite appellate procedure.
The purpose of this REMAND is to satisfy due process requirements.
The Board intimates no opinion as to the ultimate conclusion
warranted, pending completion of the requested development.  No
action is necessary on the appellant's part until he receives
further notice.

The appellant may still submit new medical evidence and other
evidence in support of his claim while his case remains in remand
status, if he so desires.  20 C.F.R. § 1304 (1993).

          KENNETH R. ANDREWS, JR.
          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) (1993).