BVA9500325 
DOCKET NO.  93-00 255     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas

THE ISSUE

Entitlement to service connection for residuals of exposure to
mustard gas.

REPRESENTATION

Appellant represented by:        Texas Veterans Commission

ATTORNEY FOR THE BOARD

William J. Jefferson, III  Counsel

INTRODUCTION

The veteran had active service from June 1943 to January 1946.

This case comes before the Board of Veterans' Appeals (Board) on
appeal from a rating decision of the Department of Veterans
Affairs (VA) Waco, Texas, Regional Office (RO).

In a September 1992 rating decision, service connection for
residuals of exposure to mustard gas was denied.

In November 1993, the case was remanded by the Board for
development of the record.

The RO is alerted that in a July 1994 statement from the veteran,
he claims entitlement to service connection for an acquired
psychiatric disorder.  That issue has not been adjudicated by the
RO, and is not properly before the Board at this time.  The issue
of entitlement to service connection for an acquired psychiatric
disorder is referred to the RO for appropriate development.

REMAND

A review of the record shows that in July 1994, the veteran
appointed Texas Veterans Commission as his accredited
representative.  His previous representative had been the
American Legion.

The provisions of 38 U.S.C.A. § 7105(d)(3) (West 1991) indicate
that a statement of the case must be sent to the claimant and to
the claimant's representative, if there is one.  The August 1994
supplemental statement of the case lists the American Legion as
the veteran's accredited representative, and a copy was
apparently forwarded to the American Legion rather than the Texas
Veterans Commission.  It is imperative that the veteran's
accredited representative be afforded an opportunity to respond
to the supplemental statement of the case.

Additionally, it is not clear that the RO has actually
adjudicated the claim under the regulation pertaining to claims
based on chronic effects of exposure to mustard gas, 38 C.F.R.
§ 3.316, which was effective July 31, 1992.  Also, proposed
changes to this regulation have been published.  See 59 Fed. Reg.
3532-3534 (1994) (to be codified at 38 C.F.R. § 3.316) (proposed
January 24, 1994).  Should these proposed changes become final
while the case is at the RO, adjudication of the veteran's claim
should encompass consideration of the regulatory changes, and the
veteran and his representative should receive notification of the
changes.

To ensure full compliance with due process requirements, the case
is REMANDED to RO for the following development:

1.  The RO should consider the veteran's
claim of entitlement to service connection
for residuals of mustard gas under 38
C.F.R. § 3.316, to include any changes in
the regulation which have become final.

2.  The veteran and his representative,
Texas Veterans Commission, should then
receive copies of the new supplemental
statement of the case, which incorporates
any regulatory changes in 38 C.F.R. § 3.316
(1994).

If the claim remains in a denied status, the case should be
returned to the Board of Veterans' Appeals for further appellate
disposition.

          NANCY I. PHILLIPS
          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).