BVA9503092 
DOCKET NO.  93 09 190     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Entitlement to a temporary total disability rating under the
provisions of 38 C.F.R. § 4.29 (1994), for a period of
hospitalization from February 4 to June 30, 1992.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Paul J. Somelofske, Associate Counsel

INTRODUCTION

The veteran served on active duty from November 1941 to December
1945.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a September 1992 rating decision of the Department of
Veterans Affairs (VA), Montgomery, Alabama, Regional Office (RO),
that denied a temporary total disability rating under the
provisions of 38 C.F.R. § 4.29 for a period of hospitalization
from February 4 to June 30, 1992.

REMAND

The veteran is currently service connected for lumbosacral
strain, assigned a 10 percent evaluation; residuals of a right
foot injury, assigned a noncompensable evaluation; and
psychoneurosis, assigned a noncompensable evaluation.

The veteran was hospitalized at the VA Medical Center at
Tuscaloosa, Alabama, from February 4 to June 30, 1992, during
which time he contends he received treatment for his service-
connected disabilities.  In a September 1992 rating decision, the
RO denied a temporary total disability evaluation for
hospitalization on the basis that the evidence of record did not
show that the primary treatment the veteran received was for
service-connected disabilities.  The only evidence of record,
however, is the hospitalization discharge summary report, which
includes a discharge diagnosis of osteoporosis with lumbar
compression fracture.

At this point in time, it is not clear whether the veteran has
submitted a well grounded claim.  The Board believes that
securing the complete records pertaining to the veteran's
hospitalization will be beneficial in addressing this question as
well as the certified issue on appeal.  Under the circumstances
of this case, it is believed that further development is
necessary prior to the final disposition of the issue on appeal.
This case, therefore, is REMANDED to the RO for the following
actions:

1.  The RO should secure the complete
clinical and administrative records,
including all doctor's and nurses notes,
pertaining to the veteran's
hospitalization at the VA Medical Center
at Tuscaloosa, Alabama, from February 4 to
June 30, 1992.  All records obtained
should be associated with the claims
folder.

2.  After the above records have been
obtained, the RO should review the claims
folder and determine whether the veteran's
claim is well grounded.  If it is not well
grounded, the veteran should be advised of
the type of evidence needed to establish a
well-grounded claim and should be assisted
in obtaining it.  If the RO finds the
veteran's claim to be well grounded, the RO
should then readjudicate his claim for a
temporary total disability rating under the
provisions of 38 C.F.R. § 4.29 for a period
of hospitalization from February 4 to June
30, 1992.

After the above has been completed, if the benefit on appeal
remains denied, the veteran and his representative should be
issued a supplemental statement of the case, which includes
adequate reasons and bases for the RO's decision.  Thereafter,
they should be afforded an opportunity to respond.  The case must
then be returned to the Board for further appellate
consideration.  The veteran and his representative need take no
further action until notified by the RO.  By this remand, we
intimate no opinion, either factual or legal, as to the ultimate
decision warranted.

          THOMAS J. DANNAHER
          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.
(Continued on next page)
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).