BVA9502995 
DOCKET NO.  93-09 674     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Whether new and material evidence has been submitted to reopen a
claim for service connection for a prostate disorder.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Daniel J. McTavish, Associate Counsel

INTRODUCTION

The veteran served on active duty from January 1945 to May 1950.

In October 1984, the St. Petersburg, Florida Regional Office (RO)
of the Department of Veterans Affairs (VA) denied service
connection for a prostate disorder.  The veteran was notified of
this determination by letter dated in November 1984.  He did not
file an appeal within the following one-year period and that
decision became final.  38 U.S.C.A. § 7105 (West 1991); 38 C.F.R.
§ 3.104 (1993).

The veteran has attempted to reopen his claim of entitlement to
service connection for a prostate disorder.  The RO found that
the additional evidence presented in this regard is not new and
material.  This matter now comes before the Board of Veterans'
Appeals (Board) on appeal from the RO's June 1992 denial.

In addition, we note that in his substantive appeal, filed in
March 1993, the veteran alleged that many of his current
disorders are attributable to exposure to mustard gas in service.
The issue of service connection for residuals of mustard gas
exposure has not been developed for appellate review and is
referred to the RO for necessary action.

REMAND

The veteran has continued to argue that he was treated for a
prostate disorder while in service.  He stated that his service
medical records are not complete.

In the aforementioned October 1984 rating decision, the RO
indicated that the basis for the denial of service connection for
a prostate disorder was that there were no service medical
records to verify this disorder.  We note that the only service
medical records in the veteran's claims file consist of a report
showing he was hospitalized in March 1946 and a report showing he
was hospitalized in April 1947.  These reports were received in
response to a request from the RO to the National Personnel
Records Center in 1983.  The RO requested records for treatment
from specific facilities during specific time periods.  We note
that no effort has been made to obtain records from the Office of
the Surgeon General, Department of the Army.

In the absence of complete service medical records, we
acknowledge VA has a heightened obligation to assist the veteran
in the development of facts pertinent to his well grounded
original claim or request to reopen his claim of service
connection.  38 U.S.C.A. § 5107(a) (West 1991).  As such, it is
appropriate that a search be made for all of the veteran's
service medical records.

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

1.  The RO should make an attempt to secure
the veteran's complete service medical
records.  The search for records should
encompass all available sources at the
National Personnel Records Center, including
a search of records from the Office of the
Surgeon General.  Any evidence obtained by
the RO should be made part of the claims
folder.
                  Name: ****************
                  Claim No.: *************
                  Service No.: ************
                  Social Security No.: ************

2.  The RO should request the veteran to
provide names and addresses of any sources
of treatment, private or VA, received for a
prostate disorder subsequent to his
discharge from service in May 1950 until
June 1991 when he was treated at the Riviera
Beach, Florida, Outpatient Clinic for a
urinary problem.  If pertinent treatment is
identified, available records should be
obtained for review in compliance with
appropriate procedure.

3.  After further consideration of the
claim, if the decision remains adverse to
the veteran, the RO should issue a
supplemental statement of the case
summarizing the evidence, and laws and
regulations, and explaining the application
of the laws and regulations to the evidence.
The RO should afford the veteran 60 days to
respond to the supplemental statement of the
case before the matter is returned to the
Board for final adjudication, if otherwise
in order.  38 C.F.R. § 20.302(c) (1993).

The purpose of this REMAND is to procure clarifying data.  No
action is required of the veteran until further notice.

          N. R. ROBIN
          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).