BVA9505473 
DOCKET NO.  93-16 486     )       DATE
          )
          )

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

THE ISSUE

Entitlement to special monthly pension.

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

REMAND

The veteran had honorable service from April 1943 to November
1945, March 1946 to August 1947, August 1948 to February 1950 and
September 1951 to September 1953.  He has had basic entitlement
to pension since May 1974.

This matter comes before the Board of Veterans' Appeals (Board)
from a January 1992 decision from the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.
The veteran asserts, in essence, that his disabilities are so
severe that he requires the regular assistance of another person
and is rendered housebound.  He contends that he is legally blind
which entitles him the aid and attendance benefit.

The Board observes that the most recent examination of the
appellant for an aid and attendance or housebound benefit
determination was completed in October 1991.  Mark D. McClintock,
O.D., reported in April and May 1991 that at that time the
veteran could be termed "legally blind".  In a VA medical report
of December 1991, it is noted that he lived in a trailer, but
that without the help of neighbors he would be "severely
handicapped".  In the summary of a September 1992 VA hospital
admission for chronic iritis of the right eye, it was noted that
he was living with his daughter.  The reports of subsequent VA
medical treatment reflect several eye evaluations, with the
reported visual acuity variable, but notably poorer than recorded
on a January 1992 ophthalmology evaluation.

In order to ensure that the VA has met its duty to assist the
appellant with regard to developing the facts pertinent to a
claim, and ensure due process, it is the opinion of the Board
that further development as set forth below is desirable.
Accordingly, the case is REMANDED to the RO for the following
action:

1.  The RO should request the appellant
provide the names and addresses of all
health care providers who have treated him
recently for any disability.  The RO should
attempt to obtain copies of those treatment
records identified by the appellant which
have not been previously secured.  This
should include records from Mark D.
McClintock, O.D., 102 Coastal Way, Jupiter,
FL 33477.

2.  Following completion of the above
development, the appellant should be
afforded a VA medical examination for the
purpose of determining housebound status or
permanent need for regular aid and
attendance.  The claims folder should be
made available to the examiner prior to the
examination.  All indicated tests or
special examinations should be accomplished
to obtain an accurate assessment of the
veteran's ability to care for himself or
live alone.

3.  When the above development has been
completed, the RO should readjudicate the
issue on appeal.  If the decision remains
adverse to the appellant, he and his
representative, should one be appointed,
should be furnished with a supplemental
statement of the case and they should then
be afforded the applicable time to respond.

Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.  The appellant need take no action
until he is further informed.  The purpose of this REMAND is to
obtain additional information and assure due process of law.  No
inference should be drawn regarding the final disposition of the
claim as a result of this action.

          CHARLES E. HOGEBOOM
          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 action has been taken in
accordance with the Veterans Benefits Improvement 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) (1994).