BVA9505253 
DOCKET NO.  93-15 326     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs in Atlanta, Georgia

THE ISSUE

Entitlement to accrued benefits.

ATTORNEY FOR THE BOARD

Christopher B. Moran, Counsel

INTRODUCTION

The veteran served on active duty from January 1953 to January
1955.

REMAND

Following a preliminary review of the record the Board notes that
the veteran died in November 1992 due to respiratory failure
secondary to pneumonia.  At the time of death, he was an
inpatient at "HCA" Coliseum Medical Centers.  Service connection
had been established solely for bronchitis with pulmonary
emphysema and spontaneous pneumothorax evaluated at a schedular
evaluation of 30 percent since January 1965.

It appears that the issue on appeal has been denied because the
veteran did not have a claim pending for increased compensation
at the time of his death.  In Hayes v. Brown, 4 Vet.App 353
(1993), the United States Court of Veterans' Appeals (Court)
seemed to have held that it was not a requirement under 38
U.S.C.A. § 5121 (West 1991) that a valid claim had to have been
filed by the veteran during his life.  The claim for accrued
benefits is the appellant's claim and the only requirement
imposed is that the application must be filed within one year of
the veteran's death.  Id. at 358.

The appellant maintains that although a claim for increased
evaluation for service-connected pulmonary disorder was not of
record at the time of the veteran's death that there are many
outstanding Department of Veterans Affairs (VA) hospital and
outpatient treatment records along with private clinical data
demonstrating service-connected respiratory impairment greater
than that reflected by the 30 percent evaluation in effect at the
time of the veteran's death.  Specifically, she maintains that
the veteran had been treated for his respiratory condition many
times at the VA Medical Center at Dublin, Georgia, and the
Bleckley County Hospital in Cochran, Georgia, between
approximately 1988 and the time of death.

In view of the Court's interpretation of 38 U.S.C.A. § 5121, 38
C.F.R §§ 3.327(b), 3.1000(d), and VA Manual M21-1,  5.25(a), it
is not possible to rule out the materiality of any such
outstanding pertinent medical records available, including
hospital records from "HCA" Coliseum Medical Centers.  See
Hayes at 360-361.

Under the circumstances of this case, the Board is of the opinion
that additional assistance is required.  Accordingly, the case is
REMANDED to the RO for the following:

1.  The RO should contact the appellant and
obtain detailed information regarding the
names and addresses of all VA and private
medical providers as well as dates of
treatment for the service-connected
pulmonary disorder between approximately
January 1988 through the date of death in
November 1992.  Thereafter, the RO should
arrange to obtain all pertinent records of
treatment from the sources named by the
appellant including the VA medical center
in Dublin, Georgia, Bleckley County
Hospital in Cochran, Georgia and "HCA"
Coliseum Medical Centers as already
mentioned in the record and associate any
obtained data with the claims folder
pending the completion of all appellate
action.

2.  Thereafter, the regional office should
readjudicate the issue on appeal within the
context of the decision in Hayes v. Brown,
4 Vet.App. 353 (1993).

If the benefit sought on appeal remains denied, the records,
including the above requested medical information, should be
returned to this Board for further appellate consideration, if in
order, after compliance with the procedures for processing of
appeals.  No action is required of the appellant until she
receives further notice.

          JOHN E. ORMOND
          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).