BVA9507552 
DOCKET NO.  91-48 913     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri

THE ISSUES

1.  Entitlement to service connection for a left foot and ankle
disorder.

2.  Entitlement to service connection for a skin disorder,
diagnosed as eczema, as secondary to Agent Orange exposure.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Charles G. Sener, Associate Counsel

INTRODUCTION

The appellant had active service from March 1972 to March 1974.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from an April 1991 rating decision of the Department of
Veterans Affairs (VA) St. Louis, Missouri, Regional Office (RO),
which denied claims of entitlement to service connection for a
left foot and ankle disorder and a skin disorder, diagnosed as
eczema, as secondary to Agent Orange exposure.

An October 1992 Board decision remanded the aforementioned issues
to the RO for additional medical development to determine the
nature and severity of the appellant's left foot and ankle
disorder and a skin disorder, claimed as secondary to Agent
Orange exposure.

An August 1993 rating decision subsequently denied claims of
entitlement to service connection for a left foot and ankle
disorder and a skin disorder, diagnosed as eczema, as secondary
to Agent Orange exposure.

REMAND

The appellant contends that he developed a skin disorder as a
result of Agent Orange exposure while in Vietnam.

In January 1994, the Secretary of Veterans Affairs announced
through the Federal Register those disabilities which would, and
would not, be considered the diseases and disabilities presumably
caused by exposure to Agent Orange in Vietnam.  As a result of
this announcement, in February 1994, the Veterans Benefits
Administration published VA Circular 21-94-1, Processing of
Claims Based on Exposure to Herbicide Agents, which provides
guidance to the regional offices for the processing of those
claims related to Agent Orange.

Accordingly, this case is REMANDED to the RO for the following
action:

The RO, in accordance with VA Circular 21-
94-1, Processing of Claims Based on
Exposure to Herbicide Agent, readjudicate
the appellant's claim of entitlement to
service connection for a skin disorder,
diagnosed as eczema, as secondary to Agent
Orange exposure.  If the decision remains
unfavorable, the appellant and his
representative should be given a
supplemental statement of the case and
allowed sufficient time for a response.
Thereafter, following compliance with the
request in the following paragraph, the
claim should be returned to the Board for
further consideration.

After the above requested action has been completed, if any of
the benefits sought on appeal remain denied, a supplemental
statement of the case should be furnished to the appellant and
his representative.  They should be afforded a reasonable period
of time to respond.  Thereafter, the case should be returned to
the Board for further appellate consideration.

Appellate consideration of the issue of entitlement to service
connection for a left foot and ankle disorder is deferred pending
completion of the development described above.

The purpose of this REMAND is to ensure that the appellant
receives his procedural due process rights.  No opinion, either
legal or factual, is intimated as to the merits of the
appellant's claims by this REMAND.  He is not required to
undertake any additional action until he receives further
notification from the VA.

          BETTINA S. CALLAWAY
          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 so assigned.

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).