BRB No. 90-1912 BLA
                 
                                              

HERMAN C. BANDY               )
                              )
          Claimant-Petitioner )
                              )
     v.                       )
                              )
CONSOLIDATION COAL COMPANY    ) 
                              )   DATE ISSUED:05/27/1992
          Employer-Respondent )
                              )
DIRECTOR, OFFICE OF WORKERS'  )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR    )
                              )
          Party-in-Interest   )    DECISION and ORDER

     Appeal of the Decision and Order on Remand of Paul H. Teitler, Administrative
     Law Judge, United States Department of Labor.

     Herman C. Bandy, Cedar Bluff, Virginia, pro se. 
             
     
     Jennifer S. Smart (Jackson & Kelly), Lexington, Kentucky, for    employer.

     Before:  SMITH and DOLDER, Administrative Appeals Judges,   LAWRENCE,
Administrative Law Judge.*  

     PER CURIAM:

     Claimant appeals, without the assistance of counsel, the Decision and Order
on Remand (84-BLA-5671) of Administrative Law Judge Paul H. Teitler denying
benefits on a claim filed pursuant to the provisions of Title IV of the Federal
Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §901
et seq. (the Act).









*Sitting as a temporary Board member by designation pursuant to the Longshore and
Harbor Workers' Compensation Act as amended in 1984, 33 U.S.C.
§921(b)(5)(Supp. V 1987).

     In an appeal by a claimant proceeding without the assistance of counsel, the
Board considers the issue raised to be whether the decision below is supported by
substantial evidence.  McFall v. Jewell Ridge Coal Corp., 12 BLR 1-176 (1989); Stark v. Director, OWCP, 9 BLR 1-36 (1986).  The
administrative law judge's Decision and Order must be affirmed if it is supported
by substantial evidence, is rational, and is in accordance with law.  33 U.S.C.
§921(b)(3), as incorporated by 30 U.S.C. §932(a); O'Keeffe v.
Smith, Hinchman & Grylls Associates, Inc., 380 U.S. 359 (1965).

     After careful consideration of the evidence of record, we conclude that the
Decision and Order on Remand of the administrative law judge is supported by
substantial evidence and that any error therein is harmless.  The administrative
law judge on this record properly found that claimant did not establish total
disability due to pneumoconiosis pursuant 20 C.F.R. §718.204 and that any
disability was as a result of heart disease unrelated to coal mine employment. 
See Decision and Order on Remand at 10; Scott v. Mason Coal
Co., 14 BLR 1-37 (1990); Lafferty v. Cannelton Industries,
Inc., 12 BLR 1-190 (1989); Tanner v. Freeman United Coal Co.,
10 BLR 1-85 (1987); Mabe v. Bishop Coal Co., 9 BLR 1-67 (1986);
Kuchwara v. Director, OWCP, 7 BLR 1-167 (1984); Fuller v.
Gibraltar Coal Corp. and Old Republic Insurance Companies, 6 BLR 1-1291
(1984); Horn v. Jewell Ridge Coal Corp., 6 BLR 1-933 (1984).  The
administrative law judge's findings and inferences are supported by substantial
evidence; we may not substitute our judgement.  Peabody Coal Co. v. Benefits
Review Board, 560 F.2d 797 (7th Cir. 1977).  

     Accordingly, the Decision and Order on Remand denying benefits is affirmed. 
See 33 U.S.C. §921(b)(3), as incorporated by 30 U.S.C.
§932(a); O'Keeffe, supra.

     SO ORDERED.

                                                      
                         ROY P. SMITH, 
                         Administrative Appeals Judge


                                                      
                         NANCY S. DOLDER
                         Administrative Appeals Judge


                                                      
                         LEONARD N. LAWRENCE
                         Administrative Law Judge

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