BVA9506482 
DOCKET NO.  91-38 571     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Washington, DC

THE ISSUE

Entitlement to service connection for a bilateral knee disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

L. J. Vecchiollo, Associate Counsel

INTRODUCTION

The veteran served on active duty in the Armed Forces from
September 1974 to September 1978.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a March 1989 rating decision from the Washington, DC,
Department of Veterans Affairs (VA) Regional Office (RO).  A
notice of disagreement was received on October 12, 1989.  A
statement of the case was issued on December 18, 1989.  A
substantive appeal was received on May 14, 1990.  In a decision
dated in November 1992, the Board remanded the matter.

The issue of entitlement to a total disability evaluation for
compensation based on individual unemployability, raised by the
claimant in August 1994 is referred to the RO for appropriate
action.

REMAND

The veteran in VA Form 21-4138, Statement in Support of Claim,
received in September 1993, disagreed with the RO's August 1993
decision letter finding that the veteran did not file a timely
substantive appeal in regard to his claim for entitlement to
service connection for a bilateral knee disorder.  As this
written communication was made within one year of the rating
decision, it constitutes a valid notice of disagreement.
38 U.S.C.A. § 7105 (West 1991) and 38 C.F.R. §§ 20.201, 20.302
(1994).  The RO should provide the veteran and his representative
with a statement of the case regarding this matter.

Under the circumstances in this case, further development and
assistance are warranted.  Thus, this case is REMANDED to the RO
for the following action:

The RO should provide the veteran and his
representative with a statement of the case
regarding whether the veteran filed a
timely substantive appeal in regard to his
claim for entitlement to service connection
for a bilateral knee disorder.  The veteran
should be afforded an opportunity to
complete all procedural steps for an appeal
in accordance with 38 U.S.C.A. § 7105 (West
1991) and 38 C.F.R. § 20.200 (1994).

Following completion of the above action, the case must be
returned to the Board for consideration of any issue in appellate
status.  The purpose of this REMAND is to obtain clarifying
information and afford due process of law.  The Board intimates
no final disposition by this action.

          G.H. SHUFELT
          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).