BVA9507213 
DOCKET NO.  93-14 072     )       DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Togus, Maine

THE ISSUE

Entitlement to service connection for colon cancer as a result of
exposure to ionizing radiation.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

WITNESS AT HEARING ON APPEAL

Appellant

INTRODUCTION

The veteran had active service during World War II.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a November 1992 rating decision of the Togus
Department of Veterans Affairs (VA) Regional Office (RO).

REMAND

At the approximate time this case was transferred from the RO to
the Board in June 1993, the veteran was informed by letter of the
certification and transfer of the appeal.  In the same letter, he
was informed that any evidence received afterwards would have to
be referred to the RO unless this procedural right was waived.
In August 1993 a statement from M. Roy M.D. was forwarded
(apparently from the RO) to the Board without an accompanying
waiver of consideration by the RO.

In view of 38 C.F.R. § 20. 1304(c), the case is REMANDED for the
following action:

The RO is to consider the statement from
Dr. Roy.  If the benefit sought is not
granted, the RO should prepare a
Supplemental Statement of the Case, and the
veteran and his representative given an
opportunity to respond thereto.

The case should then be returned to the Board.

          (CONTINUED ON NEXT PAGE)

          NANCY I. PHILLIPS
          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) (1994).