Decision Date: 09/26/95		Archive Date: 01/17/96
DOCKET NO.  90-00 340	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, 
Texas


THE ISSUE

Entitlement to service connection for residuals of exposure 
to Agent Orange.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESSES AT HEARING ON APPEAL

Appellant and D.L.K.


ATTORNEY FOR THE BOARD

C. Chaplin, Associate Counsel


INTRODUCTION

The veteran had active service from August 1968 until August 
1976.

We note that the veteran, through his representative, in 
informal arguments dated August 23, 1995, included the issue 
of whether clear and unmistakable error exists in prior 
decisions denying service connection for a psychiatric 
condition.  This issue is not in appellate status at this 
time.  We note that a decision on this issue was rendered by 
the Board in a decision dated in August 1990. 

REMAND

This matter came before the Board of Veterans' Appeals 
(Board) on appeal from a rating decision of October 1987, 
from the Houston, Texas, regional office (RO) which denied 
service connection for residuals of exposure to Agent Orange 
to include a nervous disorder.  At the veteran’s personal 
hearing in January 1987, the veteran, through his 
representative, also claimed a skin rash as a residual of 
exposure to Agent Orange.  

The Board remanded the case in August 1990 pending the 
revision of regulations pertaining to entitlement to 
compensation for herbicide exposure.  After the regulations 
were promulgated the RO reviewed the claim.  By a rating 
action in August 1994, the RO denied service connection for 
rash of right thigh and buttock area, chronic headaches, 
“other injuries” unspecified, and atypical personality 
disorder with depression, all claimed as secondary to Agent 
Orange exposure.  

The veteran served a tour of duty in Vietnam from March 1970 
until February 1971.  The combat history record shows that he 
participated in Operation Pickens Forest in Quang Nam 
Province in the Republic of Vietnam on July 20, 1970.  We 
note that the service medical records show that the veteran 
sought treatment on July 25, 1970 for a rash on the left 
thigh and buttock, and two days later was treated for a heat 
rash on the legs.  At the veteran’s personal hearing in 
January 1987, he claimed that he had a rash to the right and 
left of his stomach and that he was being treated by a doctor 
for a skin condition.  Although, there is a reference in the 
claims file to the veteran having had an Agent Orange 
protocol examination, we are unable to locate the report of 
such examination in the claims file.  Accordingly, we find 
that further development is appropriate before a final 
decision is rendered.

To ensure that the Department of Veterans Affairs (VA) has 
met its duty to assist the claimant in developing the facts 
pertinent to the claim and to ensure full compliance with due 
process requirements, the case is REMANDED to the regional 
office (RO) for the following development:

1.  The veteran should be contacted for 
the names and addresses of any medical 
providers who have treated him for a skin 
disorder, or other disorder claimed as a 
residual of exposure to Agent Orange.  
After the proper releases are obtained, 
the RO should obtain copies of the 
treatment records and associate them with 
the claims file.  

2.  The veteran should be afforded a VA 
Agent Orange protocol examination to 
determine if the veteran has any 
residuals from exposure to Agent Orange, 
particularly a skin disorder.  Any 
residuals identified as due to exposure 
to Agent Orange should clearly be stated.  
If other disabilities are diagnosed, it 
should be made clear that said 
disabilities, if any, are not due to 
exposure to Agent Orange.  The claims 
folder should be made available to the 
examiner for review before the 
examination.

3.  After the development requested above 
has been completed to the extent 
possible, the RO should again review the 
record.  If any benefit sought on appeal, 
for which a notice of disagreement has 
been filed, remains denied, the appellant 
and representative, if any, should be 
furnished a supplemental statement of the 
case and given the opportunity to respond 
thereto.


Thereafter, the case should be returned to the Board, if in 
order.  The Board intimates no opinion as to the ultimate 
outcome of this case.  The appellant need take no action 
unless otherwise notified.




		
	BETTINA S. CALLAWAY
	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).





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