BVA9503159 
DOCKET NO.  93-17 303     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Entitlement to an increased rating for chronic bronchitis,
currently evaluated as 60 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

A. D. Jackson, Associate Counsel

REMAND

The veteran had active duty from June 1943 until March 1945.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a rating decision dated in September 1991 from the
Boston, Massachusetts, Regional Office (RO) which denied an
increased rating for chronic bronchitis then rated as 30 percent
disabling.  A personal hearing was held at the RO before a
hearing officer in January 1993.  Subsequently, the rating was
increased to 60 percent by a rating decision dated in February
1993.  The veteran's representative in statements dated in June
and August 1993 requested an increased rating to 100 percent for
chronic bronchitis.

After a review of the record, the Board finds that further
development and evaluation are warranted.  On the basis of
examinations dated in 1991 and 1992 the veteran's private
physicians indicated in statements dated in July and August 1993
that the veteran had "severe" ventilatory impairment due to his
chronic obstructive lung disease.  A pulmonary function test was
performed at a Department of Veterans Affairs (VA) medical
facility in June 1992.  The examination report indicates that the
veteran gave good effort; however, his coughing interfered with
pulmonary testing.  The examiner suggested repeat testing.  In
Hyder v. Derwinski, 1 Vet. App. 221 (1991), the United States
Court of Veterans Appeals (Court) held that the VA's failure to
conduct further evaluations and studies as recommended by the
VA's own examiner constituted a breach of its statutory duty to
assist the veteran as provided by the provisions of 38 U.S.C.A.
§ 5107(a) (West 1991).  In light of this, further pulmonary
examination is needed.

To ensure that the VA has met its duty to assist the claimant in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following developments:

1.  The veteran should be scheduled for an
examination by a VA specialist in pulmonary
disorders to determine the severity of his
lung disorder.  The examination is to be
conducted in accordance with the diagnostic
procedures outlined in the VA Physician's
Guide to Disability Evaluation Examinations.
All indicated special studies are to be
conducted.  The claims file should be made
available to the examiner prior to the
examination.  An opinion should be expressed
regarding the degree of impairment
experienced by reason of pathology
attributable to the service connected
disorder at issue.

2.  Any VA outpatient treatment records
developed since 1992 should also be obtained
and associated with the file.

3.  After the development requested above has
been completed to the extent possible, the RO
should again review the record.  If any
benefit sought on appeal, for which a notice
of disagreement has been filed, remains
denied, the appellant and representative
should be furnished a supplemental statement
of the case and given the opportunity to
respond thereto.

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

          JEFF MARTIN
          Member, Board of Veterans' Appeals

          (CONTINUED ON NEXT PAGE)
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).