BVA9507758 DOCKET NO. 92-20 189 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUES 1. Entitlement to service connection for gastroenteritis. 2. Entitlement to service connection for dysentery. 3. Entitlement to service connection for colitis. 4. Entitlement to service connection for diverticulitis. 5. Entitlement to service connection for post-operative residuals of a sigmoid colon resection. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD S. D. Regan, Associate Counsel INTRODUCTION The veteran had active military service from September 1942 to December 1945. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a November 1991 rating decision of the Boston, Massachusetts Regional Office (hereinafter "the RO") which denied service connection for gastroenteritis, dysentery, colitis, diverticulitis and for post- operative residuals of a sigmoid colon resection. In November 1993, the Board remanded this appeal to the RO so that private treatment records could be obtained. The veteran has been represented throughout this appeal by the Disabled American Veterans. REMAND The veteran asserts on appeal that the RO erred in denying service connection for gastroenteritis, dysentery, colitis, diverticulitis and for post-operative residuals of a sigmoid colon resection. The veteran contends, essentially, that the above disorders were incurred in or had origins during active service. In reviewing the record, this panel of the Board notes that the case was previously REMANDED in November 1993 in an attempt to secure treatment records from Albert A. Deschenes, M.D. Dr. Deschenes submitted a written statement in February 1994 outlining treatment be furnished the veteran. However, there was no indication as to whether he retained copies of treatment records, or was basing his statement solely on memory. The Board is of the opinion that clarification of this is necessary, as well as an examination by a gastroenterologist to determine the nature and extent of any gastrointestinal/bowel problem the veteran now has. Accordingly, the case is being REMANDED for the following action: 1. Dr. Deschenes should again be contacted and specifically asked as to whether he retains any treatment records pertaining to the veteran. If so, an attempt should be made to secure copies thereof. 2. The veteran should be examined by a gastroenterologist to determine the nature and severity of any current gastrointestinal/bowel disabilities he manifests. The examiner should be furnished the veteran's records in order to review his medical history. When the above development has been completed, the case should again be reviewed by the originating agency. If the decision remains adverse to the veteran, he and his representative should be furnished a Supplemental Statement of the Case and afforded a reasonable period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action unless he is further informed. The purpose of this REMAND is to obtain additional evidence and no inference should be drawn regarding the final disposition of the claim. E. W. SEERY Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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. 57 Fed. Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).