BVA9500048 DOCKET NO. 89-27 210 ) DATE ) RECONSIDERATION ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to service connection for chronic synovitis of multiple joints. REPRESENTATION Appellant represented by: Hansel Anthony Jones, Attorney WITNESS AT HEARINGS ON APPEAL The appellant ATTORNEY FOR THE BOARD Raymond F. Ferner, Counsel INTRODUCTION This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office in Jackson, Mississippi, (RO) which denied the benefit sought on appeal. The veteran, who had active service from October 1965 to August 1969, appealed the RO's denial to the BVA, and the case was initially received at the Board in September 1989. A BVA decision dated in September 1990 affirmed the RO's denial of the benefit sought on appeal. The appellant appealed the Board's decision to the United States Court of Veterans Appeals (Court), and in an Order, [citation redacted], the Court vacated the Board's September 1990 decision and remanded the case to the Board for further action. Thereafter, the Board referred the case to an independent medical expert for an opinion, and after receipt of the opinion, a February 1994 BVA decision remanded the case to the RO for further development. The case was returned to the Board in April 1994. A July 1994 BVA decision affirmed the RO's denial of the benefit sought on appeal. The veteran subsequently requested reconsideration of the Board's July 1994 decision, and reconsideration of the Board's decision was ordered in November 1994. REMAND One of the purposes of the Board's February 1994 remand decision was to obtain biopsy slides prepared during service and following service at a VA medical center. The independent medical examiner indicated in the August 1993 opinion that "the claim really hinges on these specimens." However, attempts by the RO to obtain those biopsy slide specimens were unsuccessful, and the Board entered a decision in July 1994 without benefit of that evidence. The veteran subsequently obtained those biopsy slides and the actual slides prepared at the VA medical center are associated with the claims file. Although the service biopsy slide was reviewed by a VA physician and an interpretation and photograph of that slide are of record, the Board believes that the actual slide should be associated with the claims file so that all of the actual specimens may be reviewed together. Therefore, in order to give the veteran every consideration with respect to the present appeal, it is the Board's opinion that further development of the case is necessary. Accordingly, this case is REMANDED for the following action: The RO should contact the veteran and request that he submit the biopsy slide, Accession No. S69-9050, prepared during service in 1969 for inclusion in his claims file. If possible, the actual transfer of the material should be coordinated through the Jackson VA Medical Center. When this development is completed, the case should be returned to the Board for further appellate action. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. The veteran is free, of course, to submit any additional evidence he desires to have considered in connection with the current appeal. No action is required of the veteran until he is notified. JACQUELINE E. MONROE WARREN W. RICE, JR. CHARLES E. HOGEBOOM JAMES R. ANTHONY ROBERT D. PHILIPP WAYNE M. BRAEUER Members, 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) (1993).