BVA9502064 
DOCKET NO.  93-12 000     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Portland,
Oregon

THE ISSUE

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

REPRESENTATION

Appellant represented by: Oregon Department of Veterans'
Affairs

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran, who had active service from September 1940 to August
1945, died in March 1992.

This appeal arises from a June 1992 rating decision which denied
the claim of the appellant, the veteran's surviving spouse, for
service connection for the cause of the veteran's death.

The claims file was transferred from the originating agency to
the Board of Veterans' Appeals (Board) on May 24, 1993.  On
September 29, 1993, a statement in support of the appellant's
claim, from Bennett A. Wight, Jr., M.D., was received by the
Board.  While 38 C.F.R. § 20.1304 (1993) requires that evidence
from the appellant be submitted within 90 days after the appeal
has been certified to the Board, the 90 day period only begins
running after the appellant has been mailed a notice that the
appeal has been certified to the Board.  The current record does
not show when the appellant was advised that her appeal had been
certified to the Board.

The appellant has contended that the veteran's service-connected
post traumatic stress disorder caused the acute myocardial
infarction and resulted in the veteran's death.  As the appellant
has submitted additional evidence which may have a bearing on the
appellate issue, her case will be REMANDED to the originating
agency for the following action:

The originating agency should review the
claim on the basis of all the evidence of
record.  If any determination made is
unfavorable to the appellant, a
supplemental statement of the case that
summarizes the additional evidence added to
the record since the statement of the case
and provides a comprehensive explanation as
to why the additional evidence does not
change the outcome should be provided to
the appellant and her representative.  They
should be afforded the appropriate period
of time in which to respond.

Thereafter, subject to current appellate procedure, the
appellant's case should be returned to the Board for further
appellate consideration, if otherwise in order.  The purpose of
this REMAND is to ensure all due process.  No action is required
on the part of the appellant unless she receives further notice.

          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
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).