BVA9501054 
DOCKET NO.  93-08 968     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma

THE ISSUE

Entitlement to service connection for allergic rhinitis.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

REMAND

The veteran had active duty from June 1959 to May 1961.

In June 1992, service connection for allergic rhinitis was
denied.  The RO noted that the condition was not a disability
under the law, that the veteran had been born with the condition
or that it had developed it naturally.

The conclusion that the veteran had been born with or had
naturally developed the condition is not supported by evidence in
the record.  In addition, the decision does not comply with VA
regulations.  38 C.F.R. § 3.380 (1993).

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 afforded a VA
examination to determine the etiology of
any rhinitis.  If there is a chronic
condition, such should be identified.  If
there is a condition that resolves upon the
removal of allergen, such should be
identified.  If there is a congenital or
developmental defect, such should be
identified.  If there is an acquired
condition, such should be identified.  The
claims folder should be made available to
the examiner for review before the
examination.

2.  The regional office must prepare a
rating decision that complies with Colvin
v. Derwinski, 1 Vet.App 171 (1991).  See
Futch v. Derwinski, 2 Vet.App. 204, 207
(1992).  The rating decision must also
comply with 38 C.F.R. § 3.380 (1993).

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).