BVA9505041 
DOCKET NO.  93-07 491     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

Entitlement to special monthly compensation based on the need for
regular aid and attendance or on being housebound.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

E. J. McCafferty, Counsel

REMAND

From our preliminary review of the record in this case, we note
that the veteran, who had active service from January 1968 to
February 1978, seeks special monthly compensation based on a need
for aid and attendance.  The veteran's only service-connected
disability is his service-connected post-traumatic stress
disorder, evaluated as 100 percent disabling.  While the case was
at the Board of Veterans' Appeals (Board), additional medical
evidence was received concerning the veteran's Department of
Veterans Affairs (VA) hospitalization in May 1992 and outpatient
treatment records for 1993 from the VA mental health clinic and
post-traumatic stress disorder program.  These materials which
relate to the veteran's mental condition, a condition which
serves as the basis for his claim for aid and attendance, have
not been considered by the regional office (RO).

Under 38 C.F.R. § 20. 1304 (c), any pertinent evidence submitted
by the appellant must be referred to the RO for review and
preparation of a supplemental statement of the case unless this
procedural right is waived by the appellant.  Since such waiver
has not been received with respect to this additional medical
evidence received at the Board, the case is being REMANDED for
the following action:

The RO should review the additional
evidence submitted by the veteran since the
last supplemental statement of the case in
support of his claim to entitlement to
special monthly compensation based on a
need for aid and attendance or on being
housebound.

When the above has been accomplished, and if the case remains
denied, a supplemental statement of the case covering the new
evidence should be furnished to the veteran and his
representative.  After they have had an adequate opportunity

to respond, the case should be returned to the Board for further
appellate review, if in order.  The sole purpose of this REMAND
is to afford the veteran due process of law.

          GEORGE R. SENYK
          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).