BVA9500018 
DOCKET NO.  93-08 949     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Indianapolis,
Indiana

THE ISSUE

Entitlement to service connection for the cause of the veteran's
death.

REPRESENTATION

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

ATTORNEY FOR THE BOARD

M. Auer, Counsel

REMAND

The veteran served on active duty from October 1941 to September
1945, and from September 1950 to February 1952.  At the time of
his death on February 24, 1992, service connection was in effect
for pulmonary tuberculosis associated with an upper lobectomy on
the right, rated as 30 percent disabling.

This appeal arises from a June 1992 rating decision of the
Department of Veterans Affairs (VA), Indianapolis, Indiana,
Regional Office (RO).  In that decision, service connection for
the cause of the veteran's death was denied.

A review of the claims file shows that it contains two letters
from physicians who had treated the veteran prior to his death.
In a letter from R. Frayser, D.O., dated in October 1992, he
indicated that he had treated the veteran since April 1990 and
stated that the veteran had been hospitalized on several
occasions prior to his death.  Records or reports associated with
this treatment are not contained in the claims file and would be
helpful in making a determination in this case.  In a letter from
K. B. Berquist, M.D., dated in September 1992, he stated that the
veteran died of progressive respiratory disorder which in part
was secondary to pulmonary tuberculosis.  He also stated that he
could be contacted for further information.  Additional
information regarding the basis for this conclusion is needed.

The VA has a duty to assist the veteran in the development of
facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1993).
The United States Court of Veterans Appeals (Court) has held that
fulfillment of the VA's duty to assist the veteran includes the
procurement and consideration of any relevant medical records.
Ferraro v. Derwinski, 1 Vet.App. 326, 334 (1991).

The Board of Veterans' Appeals (Board) finds that the
actions ordered below are warranted even though the
development will further delay the entry of a final
decision in this appeal.  Accordingly, the claim is
REMANDED for the following actions:

The RO should contact the appellant and ask
her to furnish the names and addresses of
all medical personnel and facilities from
whom the veteran received treatment for his
service-connected disability since 1990.
After obtaining the necessary authorization
from the appellant, the RO should obtain
available records from the named sources.
This request should include copies of
treatment notes from the following sources:

1.  The RO should contact R. Frayser, D.O.,
at 351 West 10th Street, Hoisington, Kansas
67544, and ask him to furnish copies of the
veteran's contemporaneous treatment records
from April 1990 to February 1992.

2.  The RO should contact the Clara Barton
Hospital and ask for copies of the
veteran's treatment records, including
records reflecting treatment from April 21,
1990, through April 23, 1990, and from
February 10, 1992, through February 11,
1992.

3.  The RO should contact K. B. Berquist,
M.D., at 737 E. Crawford, P. O. Box 260,
Salina, Kansas 67402-0260, and ask him to
furnish copies of the veteran's treatment
records.  Dr. Berquist should also be asked
to provide the information he used as a
basis for his conclusion that the veteran's
progressive respiratory disorder was in
part, secondary to the service-connected
pulmonary tuberculosis.

The RO should then review the appellant's claim in light of all
the evidence and applicable legal criteria.  If her claim remains
denied, the appellant and her representative should be provided
with a supplemental statement of the case that includes any
additional pertinent law and regulations and a full discussion of
the evidence in her case.  The appropriate response time should
be allowed.  The case should be returned to the Board, if in
order, after compliance with all regulatory appellate procedures.
No action is required of the appellant until she is so informed.
The Board intimates no opinion as to the ultimate decision
warranted in this case, pending completion of the requested
development.

          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).