BVA9502130 
DOCKET NO.  93-09 695     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Winston-Salem,
North Carolina

THE ISSUE

Entitlement to service connection for cause of the veteran's
death.

ATTORNEY FOR THE BOARD

Robert P. Regan, Counsel

REMAND

The veteran served on active duty from October 1947 to February
1952 and from April 1954 to his retirement from military service
in April 1970.

A review of the veteran's claims folder reflects that the veteran
had been represented by the North Carolina Department of Veterans
Affairs.  A copy of the appellant's statement of the case was
forwarded to that organization in December 1992.  Received in
February 1993 was a statement from the Disabled American
Veterans,  which is to the effect that the organization
represented the appellant and that a Power of Attorney "form 21-
22" was attached to the correspondence for insertion into the
claims file.  A review of the veteran's claims folder reflects
that there is no Power of Attorney Form (VA Form 21-22) regarding
any service organization on file.  The Disabled American Veterans
further requested the opportunity to review the veteran's claims
folder.  The record is unclear as to whether this has been
accomplished.

The official death certificate shows that the veteran died of
hepatic encephalopathy due to liver metastases due to colon
adenocarcinoma which had been present for an unknown amount of
time.

In order to ensure that the appellant's right of due process and
to assist her in the development of evidence pertinent to her
claim, the case is REMANDED for the following actions:

1.  The appellant should be requested to
identify all sources from which the veteran
received medical treatment for colon
adenocarcinoma, and to furnish signed
authorizations for release to the VA of
private medical records in connection with
each non-VA medical source she identifies.
Copies of the medical records from all
sources identified, to include the Womack
Army Hospital located in Fort Bragg, North
Carolina, should then be requested.  All
records obtained should be added to the
claims folder.

2.  The RO should contact the appellant in
order to determine the proper
representative.  A VA Form 21-22 should
accompany the correspondence.  Based upon
the response received from the appellant,
the RO should ensure her right of due
process, to include affording the duly
appointed representative the opportunity to
review the claims folder.

Thereafter, the case should be reviewed by the RO.  If the
benefit sought is not granted, the appellant and her
representative, if any, should be furnished a supplemental
statement of the case and an opportunity to respond.  The case
should then be returned to the Board for further appellate
consideration.

          GARY L. GICK
          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 deter-
mination.  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) (1993).