BVA9502076 DOCKET NO. 93-10 387 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased evaluation for lichen simplex, chronic, with neurodermatitis, currently evaluated as 30 percent disabling. 2. Entitlement to a compensable evaluation for right ear defective hearing. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The veteran had active miliary service from July 1941 to May 1947. REMAND A review of the file demonstrates that in March 1992, the veteran supplied written authorizations to obtain medical treatment records from the Watson Clinic, the Tampa University Hospital, Dr. Thomas Oates, and Dr. John Simonds. It does not appear that attempts were made to obtain these records. It further appears that the veteran has recently received treatment at a Department of Veterans Affairs (VA) medical facility apparently in Florida, but not specifically identified, based upon testimony given by him at the time of his January 1993 personal hearing. Transcript page 5. In addition, he may have referred to records which he has not specifically identified and which he believes should be considered in connection with the current claims. (See, for example, his statements dated March 27, 1992 and July 13, 1992). All these records should be obtained. The United States Court of Veterans Appeals (Court) has held that the duty to assist an appellant in obtaining and developing available facts and evidence to support his claim includes obtaining relevant medical records from any source. Littke v. Derwinski, 1 Vet.App. 90 (1991). To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of the medical care providers who have treated the veteran for the disabilities at issue since 1989, to include; the Watson Clinic, the Tampa University Hospital, Dr. Thomas Oates, and Dr. John Simonds. After securing the necessary information and the proper releases from the veteran, the RO should obtain copies of those records. 2. The RO should also ask the veteran to identify the VA Medical Center or Outpatient Clinic at which he currently, or recently, received treatment. The RO should then obtain copies of any treatment records so identified. 3. The RO should invite the veteran to identify or to submit any additional medical records which he believes have a bearing on the current claims, and, if necessary, the RO should assist him in obtaining these records. 4. Thereafter, the RO should schedule the veteran for a special VA dermatological examination, by an examiner who has not previously examined him, if possible, to determine the current nature and severity of any skin disorder. All indicated studies, should be done and all findings should be reported in detail. The examination should be conducted in accordance with Chapter 11 of the VA's Physician's Guide for Disability Evaluation Examinations. The claims folder must be made available to the examiner prior to the examination. 5. The RO should also arrange for the veteran to receive an VA audiological evaluation by an appropriate medical specialist to determine the extent of any current right ear hearing loss. After the completion of the above requested development, the RO should review the veteran's claim. If the benefits sought on appeal remain denied, a supplemental statement of the case should be given to the veteran and his representative. They should be afforded a reasonable period of time to respond. Thereafter, the case should be returned to the Board for further appellate consideration. By this remand, the Board intimates no opinion as to the ultimate outcome of this case. NANCY I. PHILLIPS 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).