BVA9508046 
DOCKET NO.  93-12 201     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in New
Orleans, Louisiana

THE ISSUE

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

REPRESENTATION

Appellant represented by: AMVETS

ATTORNEY FOR THE BOARD

A. Shawkey, Associate Counsel

INTRODUCTION

The veteran served on active duty from October 1942 to June 1945.
He died in January 1992, and the appellant is his widow.

This case come to the Board of Veterans' Appeal (Board) from a
May 1992 VARO rating decision that denied entitlement to service
connection for the cause of the veteran's death.

REMAND

The World War II veteran was service connected for rheumatic
fever and its residuals.  During service it was thought he had
valvular damage from the disease (as evidenced by a heart
murmur), and he was medically discharged from service in 1945 by
reason of rheumatic fever.  For a brief period after service, the
veteran was assigned a temporary total compensation rating for
rheumatic fever with cardiac damage.  Following a VA examination
showing no heart disease, a zero percent rating was assigned for
service-connected rheumatic fever, effective in late 1945.  The
noncompensable rating continued until the veteran's death in
1992.

The veteran's January 1992 death certificate indicates he died in
the emergency room/outpatient department of Schumpert Medical
Center, although the terminal treatment records have not been
obtained.  The death certificate indicates that the underlying
cause of death was recent gastroenteritis which produced
dehydration (both conditions being of days duration); resulting
in hypotension and syncope, and, finally, probable cardiac
arrhythmia (with such cardiovascular symptoms lasting from
seconds to minutes).  The certificate lists hypertension as a
significant condition contributing to death but not resulting in
the underlying cause (i.e., gastroenteritis) of death.

The appellant contends that cardiovascular disease (including
heart disease and hypertension) caused or contributed to the
veteran's death, and that cardiovascular disease was either a
residual of service-connected rheumatic fever or otherwise
related to service.  In a January 1993 statement, Seborn E.
Woods, M.D., indicated he had treated the veteran for many years,
including monitoring for recurrences of rheumatic fever; however,
treatment records from this doctor have not been submitted.  An
April 1993 statement from Herman Gibson, M.D., is to the effect
that a search for prior hospital records showed no records
existed; however, it is unclear whether this doctor, himself,
possesses any relevant records (old records on file include 1953
and 1954 statements by Herman Gibson, Jr., M.D.).

In the judgment of the Board, the appellant's claim appears to be
well grounded (i.e., not inherently implausible), and there is a
further VA duty to assist her by obtaining medical records from
the veteran's lifetime.  38 U.S.C.A. § 5107(a) (West 1991); 38
C.F.R. §§ 3.103(a), 3.159 (1994); Murphy v. Derwinski, 1 Vet.App.
78 (1990).  Accordingly, the case is REMANDED for the following
action:

1.  The RO should directly contact
Schumpert Medical Center and obtain copies
of records of the veteran's terminal
emergency room/outpatient department
treatment in January 1992.  The RO should
also directly contact Drs. Woods and Gibson
and ask them to provide complete verbatim
copies of all the veteran's treatment
records concerning all medical conditions
throughout his lifetime.

2.  The RO should ask the appellant to
clearly identify (names, addresses, dates)
all other sources (VA or non-VA) of
treatment which the veteran received, at
any time during his life, for rheumatic
fever and cardiovascular conditions.  The
RO should contact the identified sources
and obtain copies of the records, following
the procedures of 38 C.F.R. § 3.159.

Thereafter, the RO should review the claim.  If the claim is
denied, the appellant and her representative should be issued a
supplemental statement of the case and given an opportunity to
respond.  Then the case should be returned to the Board.

          L. W. TOBIN
          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) (1994).