BVA9502417 
DOCKET NO.  90-04 118     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Manila, Philippines

THE ISSUE

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

REPRESENTATION

Appellant represented by: Audrey S. White, Esq., Attorney

ATTORNEY FOR THE BOARD

Sabrina M. Tilley, Counsel

REMAND

The veteran served on active duty from August 1946 to April 1947.

This case was previously before the Court of Veterans Appeals
(Court) when it vacated a decision by the Board of Veterans'
Appeals (Board), finding that new and material evidence had been
submitted to reopen the appellant's claim for service connection
for the cause of the veteran's death, and remanded the matter for
readjudication on the basis of all the evidence of record.
[citation redacted].

Subsequently, in December 1992, the Board denied service
connection for the cause of the veteran's death based on the
evidence of record.  On October 3, 1994, the Court granted a
motion to remand for further development and adjudication.  In
reference to the Board's December 1992 decision, the Court held
that the Board had a duty to assist the appellant since it had
been notified that the deceased veteran had received postservice
medical treatment for hypertension and a heart condition from
private physicians during the presumptive period.  The Court
stated that the Board "should endeavor to obtain copies of any
existing medical records maintained by Drs. Yuson and Abena, for
the time in question, and to then reevaluate the claim on the
basis of all the evidence of record, both old and new."  
[citation redacted].

Pursuant to the Court's most recent order, the Board requests the
RO to obtain any available postservice treatment records.
Accordingly, the case is REMANDED to the RO for the following
actions:

1.  The RO should take all appropriate
action to obtain copies of all records of
medical treatment provided to the deceased
veteran since 1947 by Drs. Yuson and Abena.
All evidence obtained should be associated
with the veteran's claims folder.

2.  The RO then should review the veteran's
claims in light of the additional
development.  If the benefits sought on
appeal are not granted, then the veteran
and his representative should be provided
with a supplemental statement of the case.

After he and his representative have been given an opportunity to
respond, the case file should be returned to the Board for further
appellate review, if necessary.  The purpose of this REMAND is to
procure clarifying data.  The Board intimates no opinion, either
legal or factual, as to the ultimate disposition of this appeal.

          STEPHEN L. WILKINS
          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).