BVA9501547 DOCKET NO. 93-08 172 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to an increased (compensable) rating for urethritis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Tresa Schlecht, Associate Counsel INTRODUCTION The appellant had active service from October 1970 to June 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina, which denied an increased (compensable) rating for urethritis. The appellant's substantive appeal indicates that he is unable to work and may be a claim for a total disability rating. This statement is referred to the RO for any action it deems appropriate. REMAND The appellant and his representative contend on appeal that the appellant is entitled to an increased (compensable) rating for urethritis based on the appellant's complaints of testicular pain (orchialgia) and penile pain with radiation of pain to the abdomen and low back, tenesmus, frequency of urination, burning on urination, and discharge from the urethra. The appellant contends that these symptomatic manifestations are so severe as to require an increased rating. Although the appellant alleges that each of these symptomatic manifestations results from his urethritis, the medical records before the Board do not confirm that the appellant currently suffers from urethritis, nor do the medical records before the Board confirm that the appellant's testicular pain, abdominal pain, lower back pain, or other complaints are related to urethritis. The evidence of record includes a VA urologic examination conducted in October 1992 which includes urinalysis results and intravenous pyelogram (IVP) results. That October 1992 examination does not include a diagnosis, however, and neither confirms that the appellant has urethritis nor offers an alternate diagnosis. The examiner noted that the appellant's file was not available and the examiner had no service medical records or records of treatment since service relating to the appellant's urologic condition. The examiner notes that the appellant's IVP was normal. The examiner notes that the appellant's urinalysis was normal, with no evidence of pyuria. Since urethritis is an inflammation of the urethra, pyuria, pus in the urine, is required under 38 C.F.R. § 4.115a, Diagnostic Code 7512, for a compensable rating. The Board notes that although the appellant states he has a discharge from his urethra, no examination of such a discharge has been made, and all recent urine tests have been negative for pyuria. The examiner who conducted the October 1992 examination noted that the appellant had complaints of testicular pain but did not provide an opinion as to the etiology of such pain. Previous examinations of record stated that the appellant had orchialgia of undetermined etiology. In order to ensure that VA has met its duty to assist the appellant in developing the facts pertinent to his claim, the case is REMANDED to the RO for the following development: 1. The RO should contact the appellant to determine whether there are recent VA or private treatment records of treatment for urethritis. If such records are available, the RO should secure the necessary releases and associate such records with the claims folder. 2. The RO should obtain employment medical records, employment records recording absence from work and the reasons for absence, and employment records noting the reasons for resignation or termination of employment. 3. The veteran should be afforded a VA urologic examination to determine whether the appellant currently has urethritis, and if so, to determine the severity of the condition. All indicated diagnostic testing should be performed. The examiner should discuss the relationship, if any, between the appellant's urethritis and his subjective symptoms, including orchialgia, pain in the abdomen and lower back, increased pain on activity, urinary frequency, and tenesmus. The examiner should provide a medical opinion as to whether these symptoms are a result of the appellant's service-connected urethritis. The examiner should also consider the appellant's complaints of nocturia, burning on urination, and urethral discharge. The claims folder must be made available to the examiner before each examination. If the RO denies the claim for a compensable rating for urethritis after the additional medical evidence has been reviewed, the appellant should be provided with a supplemental statement of the case which addresses the claim for a compensable rating. The appellant and his representative should have an opportunity to respond to the supplemental statement of the case. 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 appellant need take no action unless otherwise notified. HOLLY E. MOEHLMANN 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).