BVA9422227
DOCKET NO.  90-02 286     )       DATE
          )
          )

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

THE ISSUE

Entitlement to service connection for arthritis of the cervical
spine.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

James L. March, Associate Counsel

INTRODUCTION

The veteran had active service from October 1966 to July 1969.
This appeal arises from an October 1989 rating decision of the
St. Petersburg, Florida, Regional Office (RO).  In August 1990,
the Board of Veterans' Appeals (Board) remanded the case in
anticipation of new regulations concerning diseases attributable
to Agent Orange exposure.

REMAND

In November 1990, prior to the promulgation of the new
regulations, the RO denied the veteran's claim.  Although a
supplemental statement of the case was issued in March 1994,
subsequent to the promulgation of the new regulations, the RO has
not provided the regulations to the veteran.

Additionally, a review of the claims folder reveals that the
service medical records are apparently incomplete, since records
subsequent to 1967 are not in the file and since there is a
notation on a 1967 separation examination report indicating that
his medical records had been lost.  As such, the RO should
attempt to secure any missing service medical records.

In his substantive appeal, the veteran alleged that he suffered
from arthritis of the shoulders, high blood pressure, chronic
digestive problems and varicose veins of the legs, all of which
he attributed to Agent Orange exposure.  The RO, however, has not
addressed these claims.

In light of the foregoing, and in view of the duty to assist the
veteran in the development of facts pertinent to his claim, 38
U.S.C.A. § 5107(a) (West 1991), this case is REMANDED for the
following actions:

1.  The RO should make an additional attempt
to obtain any and all service medical
records not currently of record using all
available sources.  If no additional records
are available, this fact and the reason as
to the unavailability of additional services
records should be specifically noted.

2.  Then, in light of any evidence obtained
pursuant to this REMAND, the RO should
readjudicate the claim for service
connection for arthritis of the cervical
spine.

3.  The RO should adjudicate the issues of
entitlement to service connection for
arthritis of the shoulders, high blood
pressure, chronic digestive problems and
varicose veins of the legs, as secondary to
Agent Orange exposure after undertaking all
necessary development.

If the benefits sought on appeal is not granted to the
satisfaction of the veteran, a supplemental statement of the case
containing all relevant regulations regarding Agent Orange cases
should be issued, and the veteran and his representative should
be provided an opportunity to respond.  Thereafter, the case
should be returned to the Board for further consideration, if
otherwise in order.  By the REMAND, the Board intimates no
opinion as to any final outcome warranted.  No action is required
of the veteran until he is notified by the RO.

          F. JUDGE FLOWERS
          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).