BVA9502547 DOCKET NO. 93-05 560 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to an increased rating for the veteran's service- connected bronchial asthma, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L. J. Vecchiollo, Associate Counsel INTRODUCTION The veteran served on active duty in the Armed Forces from July 1977 to July 1980. This matter came before the Board of Veterans' Appeals (Board) on appeal from a July 1991 rating decision from the Pittsburgh, Pennsylvania, Department of Veterans Affairs (VA) Regional Office (RO) which granted entitlement to service connection for bronchial asthma and assigned a 10 percent disability rating. A notice of disagreement was received in November 1991. A statement of the case was issued in March 1992. A substantive appeal was received in April 1992. REMAND Although the veteran had a VA examination for purposes of rating his service-connected bronchial asthma in May 1991, a current examination would be helpful to ascertain the present level of disability. The available medical evidence does not include findings as to the presence and frequency of asthmatic attacks or as to the presence of symptoms between attacks. The VA duty to assist includes the conduct of a VA examination where the record does not adequately reveal the current state of the claimant's disability. Proscelle v. Derwinski, 2 Vet.App. 629, 632 (1992) citing Schafrath v. Derwinski, 1 Vet.App. 589, 595 (1991). Under the circumstances in this case, further development and assistance are required. Thus, this case is REMANDED to the RO for the following actions: 1. The veteran should be afforded a VA examination to determine the current manifestations of his service-connected bronchial asthma. All special studies and tests found useful by the examiner should be undertaken. The claims folder should be made available to the examiner prior to the examination. The examiner should state a medical opinion as to whether clinical findings of asthma are present at the time of the examination. If not, the examiner should state a medical opinion as to whether the entire medical record establishes a history of asthmatic attacks. The examiner should also make an assessment, based on the entire record, as to the frequency of asthmatic attacks, and as to the presence of symtoms between attacks. In addition, the examiner should state whether any symptoms present between attacks are relieved by medication, and the examiner should report specific findings as to whether there is loss of weight or any other evidence of impairment of health attributable to the asthma. All findings should be reported in detail. 2. The RO should readjudicate the veteran's claim for entitlement to an increased rating for his service-connected bronchial asthma. If the action taken is adverse to the veteran, he and his representative should be furnished a supplemental statement of the case that contains a summary of the relevant evidence and a citation and discussion of the applicable laws and regulations. He should also be afforded the opportunity to respond to that supplemental statement of the case before the claim is returned to the Board, if appropriate. Following completion of the above actions, the case should be returned to the Board for further appellate consideration. G.H. SHUFELT 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).