BVA9507854 
DOCKET NO.  93-17 709     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Buffalo, New
York

THE ISSUE

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

REPRESENTATION

Appellant represented by: New York Division of Veterans'
Affairs

WITNESSES AT HEARING ON APPEAL

Appellant and J. Nichols

ATTORNEY FOR THE BOARD

J. W. Loeb, Counsel

INTRODUCTION

The veteran served on active duty from November 1942 to February
1946.  This case came before the Board of Veterans' Appeals
(Board) on appeal from a decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in Buffalo, New York.

REMAND

According to the Certificate of Death, the veteran died in March
1991 from respiratory failure due to end stage chronic
obstructive pulmonary disease as a result of cor pulmonale
secondary to chronic obstructive pulmonary disease.  At the time
of his death, he had been receiving a nonservice-connected
pension since October 1976 and was entitled to special monthly
pension on account of a need for regular aid and attendance since
March 1990.  The appellant, widow of the veteran, contends that
the veteran's death was causally related to his exposure to
mustard gas during service.

The veteran's file was sent to the Board in August 1993.
Additional evidence, including an August 1977 statement from John
W. Vance, M.D., was received by the Board in July 1994 and
appears pertinent to the appellant's claim These records were
received without a waiver of the appellant's right to have the
evidence initially considered by the RO.  Any pertinent evidence
submitted by the appellant or representative that is accepted by
the Board 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.  38 C.F.R. § 20.1304(c) (1994).
The material in question includes pertinent evidence of medical
treatment after the case was received by the Board and should be
considered in connection with the current appeal.

Based on the above, the Board finds that additional development
is required prior to final disposition of this case.  Therefore,
this case is being REMANDED to the RO for the following actions:

1.  The appellant should be permitted to
submit any additional evidence in her
possession that is pertinent to the issue
on appeal.  She should also be requested to
provide the complete names, addresses, and
dates of treatment of any physicians or
facilities, including the VA, that treated
the veteran for his chronic obstructive
pulmonary disease since service discharge.
Any medical provider identified should be
asked for copies of the veteran's clinical
records not currently on file.  Any records
obtained should be associated with the
claims folder.  The appellant should be
asked to sign any necessary consent forms
for release of the veteran's private
medical records.

2.  The RO should then readjudicate the
issue on appeal, to include consideration
of all evidence of record and all
applicable laws and regulations.

When the above development has been completed, unless the benefit
sought is granted to the satisfaction of the appellant, the
appellant and her representative should be provided with a
supplemental statement of the case and given the applicable time
period to respond.  The case should then be returned to the
Board, if otherwise in order.  The appellant need take no action
until notified.

          E. M. KRENZER
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).