BVA9502269 
DOCKET NO.  93-05 513     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

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 and her son

ATTORNEY FOR THE BOARD

Michael E. Kilcoyne, Counsel

INTRODUCTION

The veteran had active military service from April 1945 to July
1946 and from February 1954 to March 1964.  The appellant is the
veteran's widow.

The matter on appeal arises from a January 1992 decision by the
aforementioned regional office (RO) with which the appellant
disagreed in February 1992.  After further appellate development,
the case was forwarded to the Board.

REMAND

A review of the record reveals that the veteran was diagnosed to
have rheumatic fever in May 1945, and that on examination reports
dated in October 1962 and March 1964, his heart was abnormal upon
clinical evaluation with a questionable history of angina
pectoris noted.  During a VA examination conducted in 1973, the
veteran gave a history of chest pains and he was diagnosed to
have anginal syndrome.  In 1979, the veteran underwent a coronary
artery bypass graft and was diagnosed to have atherosclerotic
cardiovascular disease.  Medical records dated in 1981, show that
the veteran was considered to be permanently and totally disabled
due to his coronary heart disease and in November 1991, the
veteran died while an inpatient at a VA hospital.  The
certificate of death lists the immediate cause of death as
congestive heart failure secondary to coronary artery disease due
to or as a consequence of renal failure.  The appellant contends
that the veteran's fatal heart disorder had its onset in service
and has stated that due to the nature of the veteran's duties in
service, some of his service medical records are classified and
have not been associated with the claims file.  She has also
submitted a number of VA Forms 21-4142 (Authorization for Release
of Information) which she presumably believes identifies medical
records that would be relevant to her claim.

The VA has a duty to assist the appellant in the development of
facts pertinent to his claim.  38 U. S. C. A. § 5107 (West 1991).
This duty, which is neither optional nor discretionary, includes
obtaining medical records relevant to the claimant's appeal.  The
record shows that a questionable history of angina pectoris was
noted upon clinical evaluation at the time of his discharge from
service in 1964 and that he died due to heart disease.  Although
his death occurred at a VA hospital, the claims file does not
show that any attempt has been made to obtain the records from
that terminal hospitalization.

In addition, the record does not show that any attempt has been
made to obtain records cited by the appellant on a number of VA
Forms 21-4142 (Authorization for Release of Information) which
she presumably believes would be relevant to her claim.  In order
to ensure that the record is adequately developed and that an
equitable disposition of the appellant's claim is obtained, this
matter is Remanded to the RO for the following:

1.  The RO should contact the National
Personnel Records Center and request that
they make an additional search for any
service medical records pertaining to the
veteran that may remain in their possession.

2.  The RO should attempt to obtain and
associate with the file, any medical record
pertaining to the veteran from Dr. Trudencio
Aqui, Sterling Plaza, Cambee Rd., Florida
33801; and those dated in 1970 and 1971 from
the VA Medical Center at Pittsburgh,
Pennsylvania.  The RO should also associate
with the file, the veteran's terminal
hospital summary from the James A. Haley VA
Hospital in Tampa, Florida as well as any
records of his treatment for heart disease
for the years preceding his death.

3.  Upon completion of the above, the RO
should review the evidence and enter its
determination.  If the decision remains
adverse to the appellant, she and her
representative should be provided with a
supplemental statement of the case and given
an opportunity to respond to it before the
case is returned to the Board for further
review.

No action is required of the appellant until she is further
informed.

          C. W. SYMANSKI
          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).