BVA9503545 
DOCKET NO.  93-13 554     )       DATE
          )
          )

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

THE ISSUE

Entitlement to an increased rating for HIV-related illness,
currently rated 10 percent disabling.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

REMAND

The veteran had active duty from November 1988 to May 1992.

This matter comes before the Board of Veterans' Appeals (Board)
from an August 1992 decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

The representative has requested that the case be returned to the
RO for additional development in view of the veteran's reference
to medical treatment and greater symptoms.  The record reflects
that the veteran, in his substantive appeal, referred to medical
records which would support a rating in excess of the currently
assigned 10 percent.  The veteran appears to be referring to
additional medical records which are not currently on file.  The
RO should clarify this matter and obtain copies of any pertinent
medical records which are not already of record.  The Board notes
that a VA examination in July 1992 did not include laboratory
studies.  The referenced "CD-4 count" was apparently a previous
value reported to the examiner by the veteran.  Nor was any
information regarding any employment limitation reported.

In view of the foregoing, and to ensure that the VA has met its
duty to assist the claimant in developing the facts pertinent to
the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the RO for the following
development:

1.  The RO should request the veteran to
provide the names and addresses of all
medical care providers who treated him for
HIV-related illness since service.  After
securing any necessary authorization from
the veteran, the RO should obtain copies of
these records.

2.  The veteran should be afforded an
examination by a board certified specialist
in immunologic disorders, if available, to
determine the current severity of his HIV-
related illness.  The claims folder should
be made available to the examiner for
review before the examination.  The
examiner should review pertinent data in
the claims folder and elicit from the
veteran current complaints and symptoms, as
well as his account of the effects of the
disorder on employment.  The examiner
should rule in or out the presence of
recurrent constitutional symptoms,
intermittent diarrhea, Hairy Cell
Leukoplakia, and/or Oral Candidiasis.  The
examiner should also note whether or not
the veteran is on approved medication(s),
and determine the T4 cell count.  All
special studies necessary for a complete
evaluation should be obtained.

3.  Thereafter, the RO should readjudicate
the issue on appeal.  The decision should
reflect consideration of the applicability
of 38 C.F.R. § 3.321(b)(1).

If the benefit sought on appeal is not granted to the veteran's
satisfaction, a supplemental statement of the case should be
prepared and furnished to the veteran and his representative.
They should be provided the applicable period in which to
respond.  Thereafter, in accordance with the proper appellate
procedures, the case should be returned to the Board for further
appellate review, if otherwise in order.  In taking this action,
the Board implies no conclusion, either legal or factual, as to
any final outcome warranted.  No action is required of the
veteran until he is otherwise notified by the RO.

          GARY L. GICK
          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 deter-
mination.  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 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).