BVA9507498 
DOCKET NO.  93-14 631     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to dependency and indemnity compensation benefits.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

J. W. Loeb, Counsel

INTRODUCTION

The veteran served on active duty from January 1972 to December
1973.  This case came before the Board of Veterans' Appeals
(Board) on appeal from a March 1993 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in St.
Petersburg, Florida.

REMAND

According to a March 1993 Certificate of Death, the veteran was
shot and killed by another person in a bar in February 1993, with
the cause of death listed as due to hemothorax as a result of a
gunshot wound to the chest with perforation of the heart and
aorta.  At the time of his death, he was receiving a 100 percent
evaluation for undifferentiated schizophrenia, effective October
25, 1991, and was considered incompetent.  The appellant, widow
of the veteran, contends that the veteran's death was causally
related to his service-connected schizophrenia.  The Board notes
that the police report of the veteran's homicide is not on file.

Based on the above, the Board finds that additional development
is required prior to final disposition of this case.  Therefore,
this case is being REMANDED to the RO for the following actions:

1.  The appellant should be permitted to
submit any additional evidence in her
possession that is pertinent to the issue
on appeal.  She should also be requested to
provide the complete names, addresses, and
dates of treatment of any physicians or
facilities, including the VA, that treated
the veteran for his service-connected
schizophrenia since service discharge.  Any
medical provider identified should be asked
for copies of the veteran's clinical
records not currently on file.  Any records
obtained should be associated with the
claims folder.  The appellant should be
asked to sign any necessary consent forms
for release of the veteran's private
medical records.

2.  The RO should obtain and associate with
the claims file a complete copy of the
police report of the veteran's homicide
that occurred on February 21, 1993. In
addition, a copy of the charges brought
against the assailant and the judicial
outcome of any criminal proceeding should
be requested from the office of the
prosecutor.  If a wrongful death action has
been initiated, the appellant should submit
a copy of the pleadings if still ongoing or
if a judgment was rendered she should
submit a copy of said judgment.

3.  After the above actions, the veteran's
file must be made available and reviewed by
a psychiatrist to determine the
relationship, if any, between the veteran's
service-connected schizophrenia and his
death.  After a complete review of the
veteran's file, the reviewer should provide
an opinion whether it is as least as likely
as not that the veteran's death from a
gunshot wound is causally related to the
service-connected schizophrenia  A complete
rationale for any opinion expressed must be
provided by the reviewer.

4.  The RO should then readjudicate the
issue on appeal, to include consideration
of all applicable laws and regulations.

When the above actions have been completed, unless the benefit
sought is granted to the satisfaction of the appellant, the
appellant and her representative should be provided with a
supplemental statement of the case and given the applicable time
period to respond.  The case should then be returned to the
Board, if otherwise in order.  The appellant need take no action
until notified.

          EUGENE A. O'NEILL
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).