BVA9505570 
DOCKET NO.  93-08 415     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri

THE ISSUE

Entitlement to an increased (compensable) rating for HIV-related
illness.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

REMAND

The veteran's active duty from June 1979 to June 1983 and from
November 1989 to July 1990 has been verified.  He has reported
that the final period of active service began in December 1983.

This matter comes before the Board of Veterans' Appeals (Board)
from a December 1990 decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Louis, Missouri.  The
veteran asserts, in essence, that the current manifestations of
his HIV-related illness clearly support a compensable rating.

The record reflects that soon after the case was transferred to
the Board in April 1993, the veteran submitted evidence
indicating the Social Security Administration (SSA) had made a
favorable decision in a claim for benefits.  The notice referred
to evidence reviewed in connection with the claim and suggested
that the HIV-related illness had been the basis for the award.
No records have been requested from the SSA.  In December 1993,
the veteran submitted to the Board a copy of a recent medical
evaluation of his HIV-related illness completed at a military
medical center.  No waiver was received with either submission.
The evidence is pertinent to the claim and suggests that the
veteran's illness may have additional symptoms that require
evaluation for rating purposes.  The evidence of a favorable SSA
determination reasonably raises the issue of the veteran's
entitlement to a total compensation rating based on individual
unemployability.

In view of the foregoing, and to ensure that the VA has met its
duty to assist the claimant in developing the facts pertinent to
the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the RO for the following
development:

1.  The RO should obtain from the SSA
copies of all medical records pertaining to
its award of disability benefits to the
veteran.

2.  The veteran should be provided with an
application for increased compensation
based on individual unemployability due to
service-connected disability.  At the same
time he should be asked to provide the
names and addresses of all medical care
providers who treated him for HIV-related
illness since service.  After securing any
necessary authorization from the veteran,
the RO should obtain copies of these
records.

3.  The veteran should be afforded an
examination by a board certified specialist
in immunologic disorders, if available, to
determine the current severity of his HIV-
related illness.  The claims folder should
be made available to the examiner for
review before the examination.  The
examiner should review pertinent data in
the claims folder and elicit from the
veteran current complaints and symptoms, as
well as his account of the effects of the
disorder on employment.  The examiner
should rule in or out the presence of
recurrent constitutional symptoms,
intermittent diarrhea, Hairy Cell
Leukoplakia, and/or Oral Candidiasis.  The
examiner should also note whether or not
the veteran is on approved medication(s),
and determine the T4 cell count.  All
special studies necessary for a complete
evaluation should be obtained.  Any
additional examinations by other
specialists should be obtained if deemed
necessary.

4.  Thereafter, the RO should readjudicate
the issue on appeal.  If it has not been
rendered moot, the claim for a total rating
based on individual unemployability should
also be adjudicated.  The rating should
reflect consideration of the applicability
of the provisions of 38 C.F.R.
§§ 3.321(b)(1) and 4.16(b), whichever may
be applicable.

If any benefit sought on appeal is not granted to the veteran's
satisfaction, a supplemental statement of the case should be
prepared and furnished to the veteran and his representative.
They should be provided the applicable period in which to
respond.  Thereafter, in accordance with the proper appellate
procedures, the case should be returned to the Board for further
appellate review, if otherwise in order.  In taking this action,
the Board implies no conclusion, either legal or factual, as to
any final outcome warranted.  No action is required of the
veteran until he is otherwise notified by the RO.

          WARREN W. RICE, JR.
          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 remand 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).