BVA9506260 
DOCKET NO.  93-17 105     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Newark, New
Jersey

THE ISSUE

Entitlement to an increased (compensable) rating for malaria
residuals.

WITNESSES AT HEARING ON APPEAL

The veteran and his spouse

ATTORNEY FOR THE BOARD

Robert B. Swanson, Associate Counsel

INTRODUCTION

The veteran had active service from July 1941 to December 1945.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a January 1993 rating decision by the Department
of Veterans Affairs (VA) Regional Office (RO) in Newark, New
Jersey.

The Board is cognizant of the veteran's claim for service
connection for a skin condition, which he asserted during an
August 1993 hearing.  Since the claim was not adjudicated by the
RO and certified for appeal, the claim is referred to the RO for
the appropriate action.

REMAND

The veteran is seeking a compensable rating for his malaria
residuals.  He contends that a compensable rating should be
granted because he has had periodic malaria attacks since he
first contracted the disease in service.

After reviewing the record on appeal, the Board finds that
additional development is necessary to assist in the resolution
of the appealed issue.  The Board recently obtained a medical
opinion from a VA physician.  In the opinion, the physician
indicated that in order to confirm or exclude malaria as the
cause of the veteran's symptomatology, blood smears should be
obtained at least twice a day on successive days when the veteran
reports an acute episode.  He further related that the veteran's
medical history indicated that the veteran has only had one blood
smear per each reported exacerbation.  Another diagnostic tool
was also suggested as a possible alternative.  Further medical
evaluation is, therefore, indicated.

Since additional development is indicated by the record on
appeal, the case is REMANDED to the RO for the following action:

1.  The RO should contact the East Orange,
New Jersey, VA medical facility, and
request copies of all outpatient and
hospital treatment records, if any, that
relate to the veteran since July 1992.

2.  The RO should refer the veteran's
claims folder to the most appropriate VA
medical facility for review of the opinion
of December 15, 1994 by Dr. Jose G.
Montoya.  That opinion should be reviewed
by an appropriate specialist to determine
the most appropriate method available for
testing the veteran for malaria, consistent
with the suggestions of Dr. Montoya.
Thereafter, the VAMC should schedule the
testing deemed necessary and any
examinations deemed necessary in
conjunction with the testing.  All clinical
and laboratory findings should be reported
in detail.

3.  After all examinations and studies have
been completed, the RO should review the
veteran's claim.  If the determination is
unfavorable to the veteran, a supplemental
statement of the case should be sent to the
veteran.  The supplemental statement of the
case should set forth the evidence added to
the record since the March 1993 statement
of the case, any legal authority relied
upon that was not previously cited, the
decision, and the bases for the decision.
After the supplemental statement of the
case is sent, the veteran should be given
the appropriate time in which to respond.

Thereafter, subject to appellate procedures, the case should be
returned, if appropriate, to the Board for further consideration.
The purpose of this REMAND is to secure clarifying data.  No
action is required by the veteran until he receives further
notice.

          ROBERT D. PHILIPP
          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).