BVA9501999 
DOCKET NO.  91-51 133     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUE

Entitlement to special monthly pension based on the appellant's
need for the regular aid and attendance of another person or upon
housebound status.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Lori J. Wells-Green, Associate Counsel

INTRODUCTION

This matter came to the Board of Veterans' Appeals (Board) on
appeal from a May 1991 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Louisville,
Kentucky.  In November 1993 the Board remanded the case for
further development.  Thereafter, the claims file was transferred
to the RO in Cleveland, Ohio.  The case has been returned to the
Board for appellate consideration.

The veteran's original claims file has been lost and a
reconstructed file has been provided.  It is reported that the
veteran served during World War II, although this is unverified.
The veteran died in August 1988 and the appellant is his widow.

REMAND

As noted in the Board's November 1993 remand, evidence pertinent
to the appellant's claim has not been associated with the rebuilt
claims file.  Since the previous remand, the appellant has
provided the RO with a marriage certificate which shows she and
the veteran were wed in October 1968, and an August 1988 death
certificate for the veteran.  However, there remains no
verification of the veteran's service dates.  Further, none of
the medical evidence pertinent to this claim has been associated
with the rebuilt file.  Moreover, the rebuilt file does not
contain an executed VA Form 2-22a, appointing The American Legion
as the appellant's representative.

Pursuant to the Board's November 1993 remand, the RO did notify
the appellant that she would be scheduled for VA examinations at
the VA Medical Center in Brecksville, Ohio.  A compensation and
pension exam inquiry dated in October 1994 shows that the
examinations were cancelled because she failed to report.
However, there is no actual verification in the claims file that
the appellant was notified of the date of the scheduled
examinations.

In light of these circumstances, the Board is of the opinion that
further RO action is warranted.  Accordingly, the case is
REMANDED to the RO for the following actions:

1.  The RO should provide the appellant a
VA Form 2-22a for completion and
submission.

2.  The RO should contact the appellant and
request her to supply copies of any
relevant documents, such as service
records, medical records, rating actions or
award letters, etc., which may be in her
possession.  The Americal Legion should
also be requested to provide copies of any
pertinent records in its possession.

3.  The RO should again conduct a complete
and thorough search of all files and
computer records for copies of documents
relevant to the veteran, the appellant, or
her claim.

4.  The appellant should be requested to
provide the names, addresses and
approximate dates of treatment for all
health care providers who have treated her
for any disorder in recent years.  When the
requested information and any necessary
authorization have been received, the RO
should attempt to obtain copies of all
indicated records.

5.  After associating with the file all
records obtained pursuant to the above
directives, the RO should arrange for the
appellant to undergo a VA general medical
examination in order to determine the
nature and severity of all current
disabilities, and an evaluation by a board
certified specialist in ophthalmology, if
available, to evaluate her visual acuity
and to determine if she has any contraction
of her visual field.  An examination for
aid and attendance or housebound status
purposes, using VA Form 21-2680, should be
accomplished.  All indicated studies should
be done.  The contents of the rebuilt
claims file must be provided to each
examining physician for review prior to the
aforementioned examinations.

6.  Copies of the correspondence notifying
the appellant of the date, time and place
of each VA examination should be associated
with the claims file.

7.  Thereafter, the RO should undertake any
other indicated development and
readjudicate the appellant's claim for
special monthly pension benefits.

If the benefit sought on appeal is not granted to the appellant's
satisfaction, a Supplemental Statement of the Case containing
adequate reasons and bases should be issued and the appellant and
her representative provided an opportunity to respond.
Thereafter, the case should be returned to the Board for further
consideration, if otherwise in order.  By this REMAND, the Board
intimates no opinion as to any final outcome warranted.  No
action is required of the appellant until she is otherwise
notified by the RO.

          SHANE A. DURKIN
          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).