BVA9505525 
DOCKET NO.  92-10 149     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Detroit, Michigan

THE ISSUE

Entitlement to special monthly pension based on a need for
regular aid and attendance or at the housebound rate.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Christopher Maynard, Associate Counsel

INTRODUCTION

The veteran had active service from July 1966 to July 1968.

In April 1993, the Board assumed jurisdiction over the issue of
entitlement to special monthly pension based on the need for
regular aid and attendance or at the housebound rate and remanded
the claim to the RO for additional development.  At that time,
the claim also included the issue of whether the veteran
qualified for exclusion of his children's income on the grounds
of hardship for improved pension purposes.  The latter claim was
granted by rating action dated in May 1994, and the veteran
indicated in a letter dated and received in October 1994, that he
was satisfied with the outcome with respect to the latter issue.
However, the veteran indicated that he wished to continue his
appeal for special monthly pension based on the need for regular
aid and attendance or at the housebound rate.

REMAND

The basis preliminary requirement for an award of special monthly
pension at the housebound rate is that the veteran have a single
permanent disability ratable as 100 percent disabling under the
schedular criteria.  The RO concluded in its April 1990 decision
that the veteran did not have a single disability ratable as 100
percent disabling and, thus, did not satisfy the criteria for
special monthly pension at the housebound rate.

The medical evidence indicates that the veteran sustained a right
cerebral infarction while hospitalized in February 1989 for
removal of a benign cerebellar tumor.  The record also shows that
the veteran was admitted to a private medical facility in June
1990 for an acute anterolateral myocardial infarction.

Diagnostic Code (DC) 8009 provides for the assignment of a 100
percent evaluation for six months for thrombosis or embolism of
the brain.  Similarly, DC 7005 provides for a 100 percent rating
for six months following a myocardial infarction.

As noted above, the Board remanded the case to the RO in April
1993, in part, to have the veteran examined and to rate all of
his disabilities.  However, it is not clear that the RO consider
the cerebral infarction when it denied housebound benefits in
April 1990, and it did not consider the veteran's subsequent
myocardial infarction and related heart disease in its May 1994
rating decision which also denied housebound benefits.

Therefore, in light of the current evidence of record, it is the
opinion of the Board that additional development is necessary
prior to appellate review.  Accordingly, the case is REMANDED to
the RO for the following action:

1.  The RO should take appropriate steps to
obtain the medical records for the veteran's
periods of hospitalization in February 1989
and June 1990, and associate them with the
claims folder.

2.  Thereafter, the RO should readjudicate
the veteran's claim giving attention to 38
C.F.R. § 3.351(d)(1) (1994).  If the
decision remains adverse to the veteran, he
and his representative should be furnished a
supplemental statement of the case which
should include the pertinent law and
regulations and provide a discussion of
their applicability to the veteran's claim.
The veteran and his representative should be
given an adequate opportunity to respond.

Thereafter, the case should be returned to the Board for
appellate consideration, if in order.  The Board intimates no
opinion as to the ultimate outcome of this case.  The veteran
need take no action unless otherwise notified.

          STEPHEN L. WILKINS
          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).