BVA9508233 
DOCKET NO.  93-13 217     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Cleveland, Ohio

THE ISSUE

Entitlement to special monthly compensation based on the need for
regular aid and attendance or at the housebound rate for purposes
of accrued benefits.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

The Appellant

ATTORNEY FOR THE BOARD

K. E. Harrison, Associate Counsel

INTRODUCTION

The veteran had active military service from December 1960 to
August 1972.  This matter comes before the Board of Veterans'
Appeals (Board) on appeal from a December 1991 rating decision by
the RO.

REMAND

The veteran died on May [redacted] 1991, due to a myocardial infarction
as a result of coronary artery disease.  At the time of the
veteran's death, he was service connected for hypertension with
arteriosclerotic cardiovascular disease, rated as 60 percent
disabling; diabetes mellitus, rated as 40 percent disabling;
peripheral vascular disease, rated as 40 percent disabling; and
diabetic retinopathy with bilateral cataracts, rated at a
noncompensable level.  At an August 1992 hearing, the appellant
testified that the veteran was seen at VA medical facilities in
Cincinnati and Chillicothe, Ohio, and Huntington, West Virginia.
A response from Chillicothe indicated that there were no records
for the veteran covering the period of 1990 and 1991.  However,
no response has been received from the other two facilities.
Therefore, the RO should take appropriate steps to obtain any
available records from the Cincinnati and Huntington facilities.
In addition, the RO should obtain the veteran's terminal hospital
records from Scioto Memorial Hospital.  The

Board finds that these records are necessary for a proper
adjudication of the appellant's claim.

In view of the foregoing, the case is, therefore, REMANDED to the
RO for the following actions:

1.  Upon proper authorization, the RO
should take appropriate steps to obtain
copies of all VA records referable to
treatment received by the veteran for the
years of 1990 and 1991, including records
from Cincinnati and Huntington facilities.

2.  Upon proper authorization, the RO
should take appropriate steps to obtain
copies of the veteran's terminal
hospitalization records from Scioto
Memorial Hospital.

3.  When the foregoing development has been
completed, the claim should be reviewed by
the RO.  If the decision remains adverse to
the appellant, a supplemental statement of
the case should be prepared and the
appellant and her representative should be
given a reasonable period of time for
reply.

Thereafter, the claim should be returned to the Board for further
appellate review, if in order.  No action is required of the
appellant until she receives further notice.  The purpose of this
REMAND is to obtain additional information.  The Board does

not intimate any factual or legal conclusions as to the outcome
ultimately warranted in this appeal.

          STEPHEN L. WILKINS
          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).