BVA9502401 
DOCKET NO.  93-10 764     )       DATE
          )
          )

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

THE ISSUE

Entitlement to special monthly pension based on the need for
regular aid and attendance of another person or at the housebound
rate.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

W. H. Wetmore, Counsel

INTRODUCTION

The veteran served on active duty from December 1943 to December
1945.

The Board of Veterans' Appeals (Board) received this case on
appeal from a July 1992 rating decision.

REMAND

The veteran submitted in July 1994 a facsimile of medical
statement from D. R. Juba, M.D., which is dated in June 1994.
Since he was informed in May 1993 that his case was being sent to
the Board, this submission is more than 90 days after that
notice.  Moreover, since it is evidence that could not have been
sent until after the expiration of the 90-day period, the Board
finds that there is good cause for accepting it.  38 C.F.R.
§ 20.1304(b) (1993).

However, because this submission is not accompanied by a signed
waiver of RO review, the evidence must be referred to the RO for
review and preparation of a supplemental statement of the case,
if in order.  38 C.F.R. § 20.1304 (c) (1993).

Accordingly, this case is REMANDED for the following:

1.  The veteran should be scheduled for a
general medical examination, and any
specialty examinations deemed necessary, in
order to evaluate the severity of all of
his disabilities and any need for the aid
and attendance of another person or his
housebound status.  The claims file should
be available for the examiner(s) to review
prior to the examination(s).

2.  The RO should review the claims file,
including the copy of the June 1994 medical
statement from Dr. Juba, and enter another
rating decision in light of this evidence.

3.  If the benefit sought by the veteran is
not granted, a supplemental statement of
the case should be prepared.

After the veteran and his representative have been given an
opportunity to respond to the supplemental statement of the case,
the claims folder should be returned to this Board for further
appellate review, if in order.  No action is required by the
veteran unless he receives further notice.  The purpose of the
remand is to comply with governing adjudicative procedures.  The
Board intimates no opinion, either legal or factual, as to the
ultimate disposition of this appeal.

          BARBARA B. COPELAND
          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).