BVA9505340 
DOCKET NO.  92-02 179     )       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 coronary artery disease.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

T. Reichelderfer, Associate Counsel

INTRODUCTION

The veteran served on active duty from September 1936 to August
1965.

This case arises from the rating decision of September 1990 from
the St. Petersburg, Florida, Regional Office (RO).  This case was
previously remanded to the RO for additional evidentiary
development and adjudication.

REMAND

The veteran contends that his current cardiovascular disease
began during his military service.  After a review of the record,
the Board is of the opinion that additional development of the
evidence and adjudication by the RO are required prior to further
consideration of this case by the Board of Veterans' Appeals
(Board).

The Board notes that a response from the National Personnel
Records Center, received at the RO in December 1993, indicates
that additional service medical records for the veteran were
enclosed.  However, a rating decision, dated in January 1994,
indicates that no records were received from the service
department.  Another rating decision, dated in September 1994,
does not reference any additional service medical records.  It is
noted that there is an envelope of the veteran's service medical
records (VA Form 21-4582) that is contained loose in the claims
file with no indication that they have been reviewed by the RO.
The Board must conclude that these recently received service
medical records have not been considered by the RO.  Accordingly,
this case must be returned to the RO for consideration of these
additional records.  See 38 C.F.R. § 19.37(a) (1994).

The veteran presented testimony at a personal hearing at the RO
in August 1991.  However, the transcript of that hearing
indicates that an entire tape was inaudible to the transcriber.
Therefore, the testimony presented and arguments made on this
tape were not made part of the record for the veteran's claim.
The Board believes that the veteran should be given another
opportunity to have a hearing to present his testimony and
arguments so that they may be made part of the record, and to
comply with the provisions of 38 C.F.R. § 3.103 (1994).

It should be noted that, in a Board decision in September 1993,
it was held that evidence received since the October 1988 rating
decision was new and material and that the claim for service
connection for coronary artery disease was reopened.

Accordingly, this case is REMANDED for the following:

1.  The RO should ascertain from the
veteran whether he desires to have another
hearing.  If he desires another hearing,
the RO should schedule and conduct a
hearing before a VA hearing officer at the
RO, following proper notification to the
veteran and his representative of the time
and place of the hearing.

2.  The RO should review the service
medical records that were received from the
National Personnel Records Center in
December 1993, in conjunction with the
entire evidentiary record, and determine if
service connection for coronary artery
disease can be granted.  If the decision
remains adverse to the veteran, he and his
representative should be provided with a
supplemental statement of the case, and
with a reasonable period of time within
which to respond thereto.  The case should
thereafter be returned to the Board for
further consideration as appropriate.

The Board intimates no opinion as to the ultimate outcome of this
case.  The veteran need take no action until he is so informed.
The purpose of this REMAND is to ensure compliance with due
process considerations.

(CONTINUED ON NEXT PAGE)

          LAWRENCE M. SULLIVAN
          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).