BVA9504774 
DOCKET NO.  93-12 748     )       DATE
          )
          )

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

THE ISSUE

Entitlement to a temporary total disability rating based upon
hospitalization.

REPRESENTATION

Appellant represented by: The American Legion

REMAND

The veteran had active duty from November 1972 to December 1984.

The veteran was hospitalized from August 16, 1991, to September
16, 1991.  It was noted in the hospital summary that the veteran
was regularly "followed up" for migraine.  Whether the veteran
received "instituted and continued" treatment for a period in
excess of 21 days is not known.

We also note that the standard is not whether the disability
necessitated hospitalization.  The regulation merely requires
hospital treatment for a service-connected disability that is
"instituted and continued for a period in excess of 21 days."  38
C.F.R. § 4.29 (1994).

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is REMANDED
to the regional office (RO) for the following development:

1.  The regional office should have the
records from the veteran's period of
hospitalization from August 16, 1991, to
September 16, 1991, reviewed by a member of
the hospital staff.  The staff member
should determine whether the veteran
received continuous treatment in excess of
21 days for migraine.

2.  The regional office should obtain
copies of all records generated during the
period of hospitalization from August 16,
1991, to September 16, 1991.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless otherwise
notified.

          H. N. SCHWARTZ
          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).