BVA9505953 
DOCKET NO.  92-10 076     )       DATE
          )
          )

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

THE ISSUE

Entitlement to compensation benefits under the provisions of
38 U.S.C.A. § 1151 (West 1991).

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

Christopher Maynard, Associate Counsel

INTRODUCTION

The veteran had active service from March 1943 to February 1946.

This matter initially came before the Board of Veterans' Appeals
(Board) on appeal from a July 1991 rating decision.  A personal
hearing at the RO was conducted in November 1991.  In January
1993, the Board promulgated a decision which denied the veteran's
claim of service connection for chronic hepatitis.

In August 1994, the United States Court of Veterans Appeals
(Court) granted the appellant's (veteran) motion to withdraw his
appeal of the Board's January 1993 decision as to the issue of
direct service connection for chronic hepatitis-B viral infection
and granted a joint motion to vacate the January 1993 Board
decision and remand for consideration of the claim under 38
U.S.C.A. § 1151 (West 1991).

REMAND

As a result of the order of the Court, the Board has been
directed to assist the veteran in the development of a new claim
for compensation benefits under 38 U.S.C.A. § 1151 (West 1991).

It was argued before the Court, that the veteran was infected
with hepatitis by a blood transfusion while hospitalized at a VA
medical facility in July 1963.

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

The RO should take appropriate steps to assist the veteran in the
development of a claim for compensation benefits under
38 U.S.C.A. § 1151 (West 1991).  This should include initial
adjudication and procedural action of the claim.  All indicated
development should be undertaken.  As this represents a new
claim, the Board does not retain jurisdiction in this matter.

          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) (1993).