BVA9502570 
DOCKET NO.  93-08 728     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Diego,
California

THE ISSUES

1.  Entitlement to an increased rating for residuals of a left
below the knee amputation, evaluated 40 percent disabling, for
purposes of accrued benefits.

2.  Entitlement to an increased rating for scars of the right
calf with retained foreign bodies, evaluated 10 percent
disabling, for purposes of accrued benefits.

3.  Entitlement to an increased rating for multiple scars of the
left buttock and thigh, evaluated 10 percent disabling, for
purposes of accrued benefits.

4.  Entitlement to a total disability rating on the basis of
individual unemployability, for purposes of accrued benefits.

5.  Entitlement to service connection for the cause of the
veteran’s death.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESSES AT HEARING ON APPEAL

The veteran and the appellant

ATTORNEY FOR THE BOARD

William Harryman, Counsel

REMAND

The veteran had active service from November 1942 to March 1944;
he died in March 1992.

This case came before the Board of Veterans’ Appeals (Board) on
appeal from rating decisions of the Department of Veterans
Affairs (VA) Regional Office (RO) in San Diego, California.

The record reflects that, at the time of his death in March 1992,
an appeal was pending concerning the veteran’s claims for
increased ratings for his service-connected disabilities and for
a total disability rating based on individual unemployability.
Following the veteran’s death, the appellant, his surviving
spouse, filed a claim for Dependency and Indemnity Compensation
and for accrued benefits.

The Certificate of Death indicates that the veteran died at a VA
medical center of a respiratory disorder and that an autopsy was
performed.  However, no medical records regarding his final
hospitalization are on file; neither does the claims file contain
a copy of the autopsy report.  The Board believes that those
records might be helpful in determining the level of impairment
present as to each of the veteran’s service-connected
disabilities prior to his death.  Those records should be
obtained since they were constructively of record at the time of
the veteran’s death.

Accordingly, this case is REMANDED for the following actions:

1.  The RO should request that the
appellant furnish the names and addresses
of all health care providers who treated or
examined the veteran for any of his
service-connected disabilities since his
separation from service, including the
approximate dates of such treatment or
examination.  After obtaining any necessary
releases, the RO should then request copies
of any of the veteran’s medical records
from all sources indicated by the appellant
which are not already of record.
Particularly, the RO should request copies
of the records of the veteran’s final
hospitalization, including a copy of the
autopsy protocol.  All records received
should be associated with the veteran’s
claims file.

2.  Following completion of the requested
development, the RO should again consider
the appellant’s claim regarding increased
ratings for the veteran’s service-connected
disabilities for accrued benefits purposes.
If action taken remains adverse to her, she
and her accredited representative should be
furnished a supplemental statement of the
case concerning that issue; a reasonable
period of time should be given for them to
respond.  Regardless of action taken
regarding that issue, the case should then
be returned to the Board to permit
appellate consideration of the other
appealed issues.

By this REMAND, the Board intimates no opinion, either legal or
factual, as to any final determination warranted in this case.
No action is required of the appellant until she is notified by
the RO.  Appellate consideration of the issue relating to service
connection for the cause of the veteran’s death is deferred
pending completion of the requested development and adjudication.

          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).