BVA9504909 DOCKET NO. 93-15 151 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for retinal detachment of the left eye. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from March 1952 to April 1982. This matter comes before the Board of Veterans' Appeals (Board) from a July 1992 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The veteran contends, in essence, that his detached retina of the left eye is related to a service-connected disability. In written argument to the Board, the representative cited a portion of a medical treatise that lists several etiologies for retinal detachment including hypertension, a service-connected disability. Service connection has also been established for macular degeneration. The Board observes that the July 1992 decision on appeal was made without benefit of a medical opinion from a VA examiner in April 1992 regarding the etiology of the detached retina. In view of the foregoing, and to ensure that the 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 RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for any eye disability, including a detached retina, since service. After securing the necessary release, the RO should obtain and associate with the claims folder all records that have not previously been obtained. 2. Thereafter, the veteran should be afforded a VA ophthalmology examination to determine the current extent of the veteran's eye disability. The claims folder should be made available to the examiner for review before the examination. All special studies deemed necessary for a comprehensive evaluation should be obtained. The examiner should provide an opinion regarding the degree of probability, if any, that the detached retina of the left eye is related to the service-connected hypertension or other service-connected disability. The examiner should provide the rationale for all opinions expressed. 3. When the above development has been completed the RO should readjudicate the veteran's claim. If the benefit sought is not granted, a supplemental statement of the case should then be prepared and furnished to the veteran and his representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. CHARLES E. HOGEBOOM 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 deter- mination. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, (1994) and is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 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) (1994).