BVA9503566 DOCKET NO. 93-09 143 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. D. Hayden, Counsel INTRODUCTION The veteran, who performed active duty from June 11 to August 8, 1945, died in May 1992. This matter has come before Board of Veterans' Appeals (Board) on appeal from a July 1992 rating decision by the Department of Veterans Affairs (VA), Houston, Texas, Regional Office (RO) which denied service connection for the cause of the veteran's death. The appellant, widow of the veteran, has submitted a notice of disagreement with an October 1992 rating decision by the RO which denied accrued benefits based upon a temporary total rating on account of the veteran's having been hospitalized in excess of 21 days for a service-connected disability. 38 C.F.R. § 4.29 (1994). This issue has not been developed for appellate review. It is referred to the RO for additional development. In a February 1993 rating decision, the RO denied additional special monthly pension on account of the appellant's need for regular aid and attendance or being housebound. The appellant has submitted evidence on that point directly to the Board. However, it does not appear from the record that a notice of disagreement with the February 1993 decision has been filed with the RO. The Board will limit its review to the issue cited on the title page of this decision. REMAND The cause of the veteran's death listed on his death certificate was subacute bacterial peritonitis, due to or as a likely consequence of immunosuppression due to or as a likely consequence of chemotherapy due to or as a likely consequence of high grade lymphoma. Hepatic and renal failure were listed as contributory causes. An autopsy was not performed. During the veteran's lifetime, service connection was in effect for schizophrenia, evaluated as 30 percent disabling; nummular eczema dyshidrosis, evaluated as 10 percent disabling and tardive dyskinesia evaluated as zero percent disabling. The appellant asserts that the veteran's service-connected disabilities were a factor in causing his death. Specifically, she states, in her substantive appeal, that his psychiatric disability caused him to be depressed and anxious and "caused him to give in to the last illness" from which he died and that side effects from medication prescribed for his service-connected disabilities helped to cause his death. She requests that VA treatment records pertaining to the veteran be obtained and reviewed. The Board believes that review of the records requested by the appellant would be desirable prior to further action. The case is, accordingly, REMANDED for the following additional development: 1. The complete clinical record of treatment of the veteran at the VA Medical Center, San Antonio, Texas, should be obtained and associated with the claims file. 2. When the foregoing development has been completed, the appealed issue should be reevaluated by the RO. If the benefit sought on appeal is not granted, the appellant and her representative should be furnished a supplemental statement of the case and afforded a suitable opportunity to respond. Thereafter, the case should be returned to the Board in accordance with the procedures for processing appeals. No further action is required of the appellant until she receives further notice. By this REMAND, the Board intimates no opinion, factual or legal, regarding the decision warranted, pending completion of the requested development. THOMAS J. DANNAHER 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).