BVA9502621 
DOCKET NO.  93-04 184     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Manchester, New
Hampshire

THE ISSUE

Entitlement to a compensable evaluation for residuals of a right
thumb injury.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Rebecca A. Kelly, Associate Counsel

REMAND

The appellant had active duty from January 1963 to July 1963 and
September 1963 to August 1984.

This appeal arises from a July 1994 rating decision of the
Manchester, New Hampshire, Department of Veterans Affairs (VA),
Regional Office (RO), which found that the veteran was not
entitled to a compensable evaluation for residuals from a right
thumb injury.

The appellant contends, in essence, that he continues to have
problems holding anything with his right hand during cold weather
due to his service connected disability of residuals of a right
thumb injury; therefore, a compensable evaluation is warranted.
Moreover, the appellant's representative contends that all the
evidence of record, particularly the most recent VA examination
findings and the appellant's oral testimony, are more than
sufficient to substantiate his claim for a compensable evaluation
for his service-connected disability of residuals of a right
thumb injury.

Review of the procedural history in the instant appeal reveals
that the appellant has not been afforded due process of law.  The
appellant submitted a notice of disagreement in July 1994 on only
one issue: an increased rating for residuals for right thumb
injury.  The RO, however, had promulgated a supplemental
statement of the case on the issue of service connection for
residuals, right thumb injury and not on his appealable claim of
an increased rating for residuals for right thumb injury.  38
C.F.R. §§ 19.29, 19.31 (West 1993).   Therefore, a supplemental
statement of the case, on the issue of a compensable rating for
his service-connected disability for residuals from right thumb
injury, must be issued to the veteran and his representative.

Under the circumstances of this case, it is the opinion of the
undersigned that additional assistance is necessary, and this
case is REMANDED to the RO for the following:

The RO should issue a SSOC to the
veteran and his representative
pertaining to the issue of a
compensable evaluation for his
service-connected disability for
residuals of right thumb injury and
apply all pertinent statutes and
regulations.  The SSOC should state
the appropriate issue, summarize the
additional evidence and adjudicative
actions, provide all the pertinent
regulations and the reasons for the
decision of the July 1994 denial of a
compensable rating for his service-
connected disability for residuals,
right thumb injury.  The RO must
inform the veteran of all the
pertinent procedural regulations for
his appeal and that he must promptly
enter substantive contentions in
regard to this "new issue" within 60
days from issuance of the SSOC in
order to timely perfect the appeal
with respect to the "new issue";
otherwise, he must request an
extension of time.  38 C.F.R. §
20.302(c), 20.303 (1993).

Thereafter, the claims folder should be returned to the Board
for further appellate consideration.  The purpose of this REMAND
is to ensure that the veteran is afforded due process of law.
He and his representative need take no further action until they
receive a supplemental statement of the case as described above.

          C.P. RUSSELL
          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).