Citation Nr: 9832485	
Decision Date: 10/30/98    Archive Date: 11/03/98

DOCKET NO.  98-04  811A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Louisville, 
Kentucky


THE ISSUE

Entitlement to service connection for peripheral neuropathy, 
to include trigeminal neuralgia, as due to exposure to 
herbicides including Agent Orange.


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, 
Inc.


WITNESSES AT HEARING ON APPEAL

Appellant and his spouse


ATTORNEY FOR THE BOARD

Elizabeth Gallagher, Associate Counsel
REMAND

The veteran had active duty from December 1966 to December 
1968, including service in the Republic of Vietnam.

This matter comes before the Board of Veteran’s Appeals 
(Board) on appeal from a November 1997 rating decision of the 
Department of Veterans Affairs (VA) Regional Office (RO) in 
Louisville, Kentucky.  The veteran and his spouse appeared at 
a personal hearing before a Hearing Officer at the RO in 
April 1998.

The veteran contends, in essence, that he was exposed to 
herbicides, including Agent Orange, during his active service 
in Vietnam, which caused him to develop peripheral 
neuropathy, including trigeminal neuralgia.  

The Board notes that after the veteran’s appeal was 
certified, the veteran submitted additional medical evidence 
directly to the Board, without filing a waiver of his right 
to have that evidence first considered by the RO.  The new 
evidence, a copy of a letter from a physician, includes a 
statement that the veteran’s exposure to Agent Orange was 
likely a causative factor in his development of trigeminal 
neuralgia and chronic peripheral neuropathy, and may thus be 
relevant to his pending appeal.  A cover letter indicated 
that the original of the letter would be submitted in the 
near future.  It is not of record.  

The Board finds that the RO should review the new evidence 
and do any further development deemed necessary based on that 
letter prior to any appellate decision in this case.

Therefore, to ensure that VA has met its duty to assist the 
veteran in developing the facts pertinent to the claim and to 
ensure full compliance with due process requirements, the 
case is REMANDED to the RO for the following development:

1.  The RO should review and consider the 
evidence submitted in October 1998, 
consisting of a copy of a letter dated in 
September 1998 from Craig N. Bash, M.D., 
a neuroradiologist and develop the 
evidence further as deemed necessary 
after consideration of Dr. Bash’s letter.

2.  After the RO completes all 
development deemed necessary, they should 
again review the entire record. 
Thereafter, if the appeal remains denied, 
the veteran and his representative, if 
any, should be furnished a supplemental 
statement of the case and given the 
appropriate 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 veteran need take no action unless 
otherwise notified.



		
	ROBERT D. PHILIPP	
	Member, Board of Veterans' Appeals

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) 
(1998).



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