BVA9501970 
DOCKET NO.  93-07 533     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

Whether new and material evidence has been submitted to reopen a
claim for service connection for residuals of lipoma, residuals
of right knee injury and a duodenal ulcer.

REPRESENTATION

Appellant represented by: Disabled American Veterans

REMAND

The veteran had active duty from September 1973 to April 1976.

A review of the record reflects that service connection had
previously been denied for stomach pain.  The law and regulations
governing a claim for service connection for stomach pain do not
include presumptive considerations.  We also note that service
connection had not previously been denied for a duodenal ulcer,
and the Board believes that the finality that attached to the
denial of service connection for stomach pain does not attach to
the new claim for an ulcer.

In essence, the claim for ulcer disease is a new claim.

In February 1980, service connection for abscess of the right
knee was denied.  The rating decision correctly referred to the
veteran's inservice treatment for an abscess.  However, what was
lacking from the rating decision was the subsequent inservice
April 1976 report that the veteran had undergone an operation 4
months earlier (after the abscess) for removal of cartilage and
fluid.  A January 1980 hospital summary had also included a
reported history of an inservice operation.

It appears that the rating decision that denied service
connection was incomplete and should be revisited by the regional
office.

The 1980 rating decision also denied service connection for a
lipoma as a congenital or developmental defect.  That opinion was
unsupported by the evidence then of record and appears to remain
unsupported by evidence.

It appears that the rating decision that denied service
connection for a lipoma should be revisited by the regional
office.

At this time, an appellate decision would be premature.  To
ensure that the Department of Veterans Affairs (VA) has met its
duty to assist the claimant in developing the facts pertinent to
the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the regional office (RO)
for the following development:

1.  The veteran should be advised that he
has a duty to submit evidence of a well
grounded claim for service connection for a
duodenal ulcer.  The best evidence would
consist of documentation of an ulcer during
service, within 1 year of separation from
service or attributing the disability to
service.

2.  The regional office should recognize
that there is a new claim for service
connection for a duodenal ulcer.  A formal
rating decision should be prepared.
Thereafter, a supplemental statement of the
case that includes the laws and regulations
governing service connection should be
issued.

3.  The regional office should review the
prior claim for service connection for a
lipoma.  If the regional office is able to
the support the prior denial that the
veteran's condition is congenital or
developmental, such evidence should be
entered into the record.  In the
alternative, the regional office may want
to review all the evidence of record and
enter a decision that is supportable by the
facts.

4.  The regional office should review the
petition to reopen the claim for service
connection for a right knee disability.  It
is recommended that the RO go beyond the 4
corners of the rating decision and review
the inservice notation that the veteran may
have undergone an operative procedure for
the removal of cartilage.  The regional
office may consider entering a rating
decision that reflects that all pertinent
evidence was considered.

5.  Any additional development that may be
necessary may be undertaken by the regional
office.

6.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
any benefit sought on appeal, for which a
notice of disagreement has been filed,
remains denied, the appellant and
representative, if any, should be furnished
a supplemental statement of the case and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless otherwise
notified.

          H. N. SCHWARTZ
          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) (1993).