BVA9502055 
DOCKET NO.  92-01 225     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Diego,
California

THE ISSUE

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

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESSES AT HEARING ON APPEAL

Appellant's daughter and son-in-law

ATTORNEY FOR THE BOARD

Suzie St. Vil, Associate Counsel

INTRODUCTION

The appellant is the widow of the veteran who served on active
duty from April 1917 to May 1919.  She has been represented
throughout her appeal by the Disabled American Veterans.

This matter came before the Board of Veterans' Appeals
(hereinafter Board) on appeal from a rating decision of August
1991, by the San Diego, California Regional Office (RO), which
denied the appellant's claim for service connection for the cause
of the veteran's death.  The substantive appeal, signed by the
appellant's daughter, was received in October 1991.  The
appellant's daughter and son-in-law appeared and offered
testimony at a hearing before a hearing officer at the RO in
December 1991.  A transcript of the hearing is of record.

The case was previously before the Board in May 1993, at which
time it was remanded to the RO for further development.  The
requested development was accomplished and the case was returned
for further appellate consideration.

REMAND

The veteran died in June 1991 at the age of 94.  The underlying
cause of death is shown by the death certificate to be heart
disease.  During the veterans lifetime and at the time of his
death service connection was in effect for pulmonary tuberculosis
evaluated at 100 percent disabling since October 1989.  The focus
of the development when this case was previously Remanded by the
Board in May 1993 concerned the question of pulmonary
tuberculosis as a contributory cause of death.

After the case was returned to the Board an opinion from the
office of the Chief Medical Director of the VA was obtained on
the question of whether pulmonary tuberculosis contributed to
death.

At the current time it has been discovered by this Member of the
Board that the veteran's service medical records are not in the
claims folder.  What we have is a discharge document, showing
that the veteran was considered to be in good physical condition
at the time of discharge from service.  Post service medical
records reveal that he was found to have pulmonary tuberculosis
in July 1919.  Although there is no contention of record to the
effect that heart disease developed during service or within the
first post service year, it is not appropriate to adjudicate this
issue without service medical records, if they are still
available.

In view of the need to Remand on this basis we will undertake
further additional development to ensure the most comprehensive
development of the record.

The case is Remanded for the following action:

1.  The RO should obtain the veteran's
complete VA hospital clinical records
folder and complete VA outpatient treatment
records folder for association with the
claims folder.  This should include in
particular all VA hospital clinical records
and outpatient treatment records from 1970
to 1989 at the VA hospital in San Diego,
California.

2.  The RO should obtain the veterans
complete service medical records for
association with the claims folder from the
National Personnel Records Center.

When the above development has been completed the case should be
reviewed by the RO.  In the event the appeal continues to be
denied the appellant and her representative should be furnished
with a supplemental statement of the case and afforded a
reasonable time to reply thereto.  Thereafter, the case should be
returned to the Board for further appellate consideration if in
order.  No action is required of the appellant until notified.
The purpose of this Remand is to procure clarifying data.

          BRUCE E. HYMAN
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).