BVA9502173 
DOCKET NO.  92-09 988     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Seattle,
Washington

THE ISSUES

1.  Entitlement to an effective date earlier than November 18,
1988, for the award of service connection for a seizure disorder.

2.  Entitlement to an increased disability evaluation for a
seizure disorder, currently evaluated as 20 percent disabling.

REPRESENTATION

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

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

J.W. Engle, Counsel

REMAND

The veteran had active duty from May 1960 to February 1982.

To ensure full compliance with due process requirements, the case
is REMANDED to the regional office (RO) for the following
development:

1.  Inasmuch as the issue of clear and
unmistakable error in the April 1984 rating
decision which denied entitlement to
service connection for residuals of a head
injury with seizures is deemed to be
"inextricably intertwined" with the issue
of entitlement to an effective date earlier
than November 18, 1988 for the award of
service connection for residuals of a head
injury with seizures, the RO should take
appropriate adjudicative action, and
provide the appellant and representative,
if any, notice of the determination and the
right to appeal.  If a timely notice of
disagreement is filed, the appellant and
representative, if any, should be furnished
with a statement of the case and given time
to respond thereto.

2.  The appellant should be requested to
clarify which claims he desires to pursue
on appeal in light of the Informal
Presentation dated in December 1994 in
which the appellant's representative has
raised claims to service connection for
scars and an eye disorder.  `

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.

          KENNETH R. ANDREWS, JR.
          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).