BVA9501117 
DOCKET NO.  93-08 211     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Columbia, South
Carolina

THE ISSUE

Entitlement to an evaluation in excess of 30 percent for post
operative removal of the proximal portion of the base of the
fifth metatarsal, secondary to old nonunion fracture, with
evidence of calluses of the left foot.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Jeffrey J. Schueler, Associate Counsel

INTRODUCTION

The veteran had active duty from January 1973 to August 1973.

The veteran has raised the matter of entitlement to retroactive
benefits for his left foot disability.   On a VA Form 1-9, dated
October 8, 1992,  he appeared to be claiming compensation
benefits for a back disorder,  a left hip disorder, arthritis of
the right knee,  a toenail disorder, and bone "spurs."  A total
disability evaluation based on individual unemployability has
been claimed.  In July 1993, the veteran's representative raised
the question of entitlement to a permanent and total disability
evaluation for pension purposes.  These matters are referred to
the regional office (RO) for  appropriate action.

REMAND

In a letter dated April 8, 1993, the regional office informed the
veteran that his appeal had been transferred to the Board for
appellate review.  In November 1993, the Board of Veterans'
Appeals (Board) received from the RO evidence submitted by the
veteran in support of his claim.  Neither the veteran nor his
authorized representative has waived initial review of this
evidence by the RO.  The Board is unable to conclude that this
evidence is not pertinent to the claim.   See Dr. Brilliant's
letters, dated March 29, 1993, and April 6, 1993.  Under these
circumstances,  the Board is required to refer the evidence in
question to the regional office for review and preparation of a
supplemental statement of the case.  38 C.F.R. §§ 19.37(b),
20.1304(c) (1993).

To ensure that the Department of Veterans Affairs (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 regional office (RO)
for the following development:

1.  The RO should undertake any development
deemed to be in order in light of the
matters raised by this preliminary order.

2. Thereafter, the RO should furnish the
veteran and his representative an
appropriate supplemental statement of the
case.  A reasonable opportunity to respond
should be provided.

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.

          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) (1993).