BVA9504308 
DOCKET NO.  93-12 113     )       DATE
          )
          )

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

THE ISSUES

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

Entitlement to effective date prior to September 1, 1992 for a
grant of nonservice-connected death pension benefits.

REPRESENTATION

Appellant represented by: AMVETS

ATTORNEY FOR THE BOARD

Robert A. Leaf, Counsel
REMAND

The veteran had verified active service from November 1965 to
November 1987; a prior period of unverified service, beginning in
1961 has been reported.  A September 1992 rating decision of the
St. Petersburg, Florida, Regional Office (RO) of the Department
of Veterans Affairs (VA) denied service connection for the cause
of the veteran's death; in October 1992, the appellant was
awarded death pension benefits, effective September 1, 1992.  The
appellant, the veteran's widow, has appealed both actions.  This
appeal to the Board of Veterans' Appeals stems from that rating
decision.

The appellant asserts that the veteran's fatal carcinoma of the
gallbladder had its onset during his military service and claims
that an autopsy report indicates that it was "a longstanding
cancer."  The death certificate shows that the veteran died in
December 1991 from metastatic carcinoma of the gallbladder, with
an approximate interval of 3 months between onset and death.  It
also relates that an autopsy was performed.  The report of that
autopsy is not of record.

The veteran was hospitalized at a private medical facility where
biopsies of the omentum and left femur were performed in February
1991.  Any tissue blocks or slides prepared following the
biopsies are not of record.  In addition, if the veteran was
hospitalized or under treatment at the time of death, a report of
the terminal hospitalization or other treatment is not of record.

The Board has a duty to assist the appellant in the development
of facts pertinent to her claim.  38 U.S.C.A. § 5107 (West 1991).
Accordingly, the case is REMANDED for the following actions:

1.  The RO should request the appellant to
provide, if applicable, the name and
address of any physician or

hospital providing treatment to the veteran
at the time of his death.  After securing
the necessary authorization, the RO should
obtain available records from the named
medical sources.

2.  The RO should request a copy of the
veteran's autopsy report from the Office of
Vital Statistics or the Office of the
Medical Examiner for the State of Florida.

3.  The RO should request the American
International Hospital, Shiloh Boulevard &
Emmaus Avenue, Zion, Illinois, to send any
tissue slides or blocks obtained from
biopsies the veteran underwent at that
facility.

4.  Thereafter, the RO should again review
the appellant's claim for service
connection for the cause of the veteran's
death.  If the decision remains adverse to
the appellant, a supplemental statement of
the case should be furnished and she and
her representative provided an opportunity
for response.

The case should then be returned to the Board for further
appellate consideration, if otherwise in order.  The appellant
need take no action until she is notified.  By this action, the
Board intimates no opinion as to the ultimate decision warranted
in this case.

Appellate consideration of the issue of entitlement to an
effective date prior to September 1, 1992 for a grant of
nonservice-connected death pension benefits is deferred pending
the development described above.

          (CONTINUED ON NEXT PAGE)

          N. R. ROBIN
          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).