BVA9504056 
DOCKET NO.  93-02 908     )       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

P. J. McCarty, Associate Counsel

INTRODUCTION

The veteran had active service from July 1942 to November 1945.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from an April 1992 decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon.

REMAND

The appellant contends, in essence, that service connection for
the cause of the veteran's death is warranted because his
service-connected asthma and his asbestosis significantly
contributed to the veteran's death.  Pursuant to 38 U.S.C.A.
§ 5101(b), a claim for dependency and indemnity compensation
(DIC) includes a claim for accrued benefits.  See Satchel v.
Derwinski, 1 Vet.App. 258 (1991).  In November 1990, the RO
denied service connection for asbestosis and denied an increased
evaluation for service-connected asthma, evaluated as 30 percent
disabling.  In September 1991, the veteran submitted a notice of
disagreement with both aspects of the November 1990 RO decision.
He died in December 1991.  The appellant filed a DIC claim in
February 1992.  In April 1992, due to the nature of the veteran's
service, the RO conceded that the veteran had exposure to
asbestos in service, noted that asbestosis was first shown in
December 1989, but found that asbestosis did not substantially
contribute to the veteran's death.  Because the RO did not
consider the issue of accrued benefits under 38 U.S.C.A. § 5121,
the case must be remanded to the RO, given the above
circumstances.  See Lathan v. Brown, No. 93-62 (U.S. Vet. App.
Jan. 26, 1995), and Hayes v. Brown, 4 Vet.App. 353 (1993).

Thus, the case is REMANDED to the RO for the following actions:

1.  The RO should adjudicate the issues of
the appellant's entitlement to accrued
benefits based on service connection for
asbestosis, and based on an increased
rating for service-connected asthma.

2.  Thereafter, if necessary, the RO
should readjudicate the appellant's claim
of entitlement to service connection for
the cause of the veteran's death.

If accrued benefits are denied, the appellant should be notified
and told of her appellate rights.  Should she excercise those,
the RO should respond accordingly.  If indicated, a supplemental
statement of the case should be furnished on the cause of death
issue.  Thereafter, after compliance with all proper appellate
procedures, the case should be returned to the Board for further
appellate review, if otherwise in order.  In taking this action,
the Board implies no conclusion, either legal or factual, as to
the final outcome warranted.  No action is required of the
appellant until she is notified by the RO.

          J. J. SCHULE
          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

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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).