BVA9505866 
DOCKET NO.  93-11 925     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Lincoln,
Nebraska

THE ISSUE

Entitlement to an effective date prior to July 16, 1992, for a
grant of a total disability evaluation based on individual
unemployability.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

A. K. Mulroy, Associate Counsel

REMAND

The veteran had active duty from July 1986 to February 1988.  In a
decision dated in August 1988, the Lincoln, Nebraska, Regional
Office (hereinafter RO), granted service connection for incomplete
paralysis, right upper extremity, which was assigned a 70 percent
disability evaluation; for incomplete paralysis, right lower
extremity, assigned a 60 percent disability evaluation; and for
limitation of motion, cervical spine, assigned a 10 percent
disability evaluation.  In subsequent decisions, the RO has
granted service connection for a number of other disabilities, and
has adjusted the evaluations on a number of the disabilities.

The veteran submitted a formal claim for a total rating based on
individual unemployability in June 1991.  In a decision dated in
September 1991, the RO decreased the evaluation for incomplete
paralysis, right upper extremity, to 40 percent, decreased the
evaluation for incomplete paralysis, right lower extremity, to 20
percent, and determined that individual unemployability was not
found.  The combined rating of 100 percent, in effect since
October 14, 1989, was then 80 percent, effective December 1, 1991.
The veteran disputed the decreased evaluations as well as the
denial of a total rating.  In a decision dated in April 1993, the
RO determined that a total rating based on individual
unemployability was warranted, and assigned the total rating
effective July 16, 1992, the date of the veteran's personal
hearing.  In a Statement of the Accredited Representative dated in
May 1993, the veteran's representative stated that the veteran
objected to the effective date assigned for the total rating.  It
is contended that a total rating should be maintained during the
period from December 1, 1991, to July 16, 1992, when a total
rating was reinstated.

It is noted that at his personal hearing, the veteran withdrew his
claim for an increased evaluation for his right lower extremity
disability.  In a letter dated in May 1993, he withdrew his claim
for an increased evaluation for his upper right extremity
disability.  The RO did not certify these issues for appeal, and
they are not before the Board at this time.

The Department of Veterans Affairs (hereinafter the VA) has a
duty to assist in the development of the evidence pertinent to
the claim.  38 U.S.C.A. § 5107 (West 1991); 38 C.F.R. § 3.103
(1993).  The Board initially notes that the procedural
development undertaken in this case has not included a statement
of the case concerning the issue of an earlier effective date for
the grant of a total rating.  Although the temptation is to grant
the requested benefit at this time to encompass the period from
December 1, 1991, to July 16, 1992, in the final analysis it is
felt that, as an appellate body, it is incumbent upon this Board
to at least afford the RO the opportunity to articulate its
reason and bases for assigning the effective date that it did
prior to the Board rendering an appellate determination.

The Board concludes that to ensure full compliance with due
process requirements, a remand is necessary.  Accordingly, the
case is REMANDED to the RO for the following development:

The RO should ensure that all VA inpatient
and outpatient treatment records which may
have been developed during the period from
December 1991 to July 1992 are on file.  The
issue of an earlier effective date (prior to
July 16, 1992) for the grant of a total
rating based on individual unemployability
should then be readjudicated.  If the
decision remains adverse to the veteran, he
should be furnished a Supplemental Statement
of the Case, including the law and
regulations regarding effective dates, as
well as an explanation for the decision
reached, and should be afforded a reasonable
period to respond.

Thereafter, the case should be returned to the Board for
consideration of all issues which are properly in appellate
status.  The appellant need take no action unless otherwise
notified.  The purpose of the remand is to ensure that procedural
and legal due process is accorded.

          JEFF MARTIN
          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).