BVA9501299 DOCKET NO. 93-22 342 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a permanent and total disability rating for nonservice-connected pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Heather J. Harner, Associate Counsel REMAND The veteran had active duty from August 1966 to January 1970. 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 RO should obtain the names and addresses of all medical care providers, including VA medical care providers, who have treated the veteran since November 1992. After securing the necessary release(s), if any, the RO should obtain these records. 2. The veteran should be afforded a VA general medical examination to determine and evaluate the veteran's overall state of health. The claims folder should be made available to the examiner for review before the examination. The examiner should specifically comment upon the veteran's employability. 3. The RO should obtain from the Social Security Administration the records pertinent to the appellant's Social Security disability benefits as well as the medical records relied upon concerning that claim. 4. After the development requested above has been completed, 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 his representative 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 purpose of this remand is to assist the veteran in the development of his claim. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. J. U. JOHNSON 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).