BVA9501855 
DOCKET NO.  93-03 571     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Albuquerque,
New Mexico

THE ISSUE

Entitlement to an effective date prior to February 16, 1988, for
a compensable evaluation for rheumatoid arthritis.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America

ATTORNEY FOR THE BOARD

P. J. McCarty, Associate Counsel

INTRODUCTION

The veteran served on active duty from May 1967 to April 1970.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a December 1991 decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New
Mexico.

REMAND

The veteran's claim for an earlier effective date for a
compensable evaluation for rheumatoid arthritis is essentially
based upon the argument that the rating decisions of August 1970
and July 1983 were clearly and unmistakably erroneous in failing
to grant service connection for rheumatoid arthritis.  The RO has
not addressed these allegations of clear and unmistakable error.

Accordingly, the case is REMANDED to the RO for the following:

The RO should adjudicate the issue of
entitlement to an effective date prior to
February 16, 1988, for service connection
for rheumatoid arthritis, to include
consideration of whether there was clear
and unmistakable error in the rating
decisions of August 1970 and July 1983.
If appropriate, it should also
readjudicate the issue currently on
appeal.

If the benefits sought on appeal are not granted to the
veteran's satisfaction, or if a timely notice of disagreement is
received with respect to any other matter including the
disposition of the claim for an earlier effective date for
service connection for rheumatoid arthritis, the RO should issue
a Supplemental Statement of the Case for all issues in appellate
status, and the veteran and his representative provided an
opportunity to respond.  With respect to any issue addressed in
the Supplemental Statement of the Case which does not appear on
the title page of this decision, the RO should advise the
veteran of the requirements to perfect an appeal.  Thereafter,
the case should be returned to the Board for further
consideration, if otherwise in order.  By this REMAND, the Board
intimates no opinion as to any final outcome warranted.  No
action is required of the veteran until he is notified by the
RO.

          SHANE A. DURKIN
          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).