BVA9505961 DOCKET NO. 93-09 396 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in North Little Rock, Arkansas THE ISSUES 1. Entitlement to an increase in the 60 percent evaluation currently assigned for bronchial asthma. 2. Entitlement to a total rating by reason of individual unemployability due to service-connected disability. 3. Entitlement to an effective date prior to June 1, 1990, for additional compensation as a result of a dependent spouse. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARINGS ON APPEAL Appellant ATTORNEY FOR THE BOARD B. P. Gallagher, Counsel REMAND The appellant had active service from January 1945 to February 1946 and from September 1950 to October 1951. This appeal comes before the Board of Veterans' Appeals (Board) from rating decisions by the Department of Veterans Affairs (VA) North Little Rock, Arkansas, Regional Office (RO). At the outset the Board notes that neither the statement of the case, nor the supplemental statement of the case on the issue of entitlement to increased evaluation for the service-connected bronchial asthma contain the applicable criteria necessary for an increased evaluation for the service-connected bronchial asthma. 38 U.S.C.A. § 7105 (West 1991) requires that the veteran be furnished a statement of the case to include a citation to pertinent laws and regulations and a discussion of how such laws and regulations affect the agency's decision. The Board also notes that the veteran was last officially examined in 1992. Since that examination he has been hospitalized. The examination in 1992 concerned principally the pulmonary disorder. It is alleged that this pathology is worse since that examination, and attention is directed to statements from a private physician in that regard. The record reveals that service connection has also been granted for a duodenal ulcer, evaluated as 10 percent disabling, and allergic rhinitis, evaluated as 10 percent disabling, and malaria, evaluated as non compensable. This results in a combined 70 percent evaluation. It has also been asserted that the rhinitis has increased in severity. These other service connected disorders must be evaluated before an informed determination can be made on the total rating issue. In view of the foregoing, this case is REMANDED to the RO for the following: 1. The RO should, with the veteran's assistance as needed, ascertain whether he has had any medical care for the disorders at issue since 1992. If so, copies of all available records should be obtained. 2. Thereafter, the RO should arrange for examinations to determine the current extent of all the veteran's service connected disabilities. The claims folder should be made available to the examiners prior to the examinations. All findings concerning the service connected bronchial asthma, duodenal ulcer, and allergic rhinitis should be reported in detail. The examiners should, in evaluating the disorders, enter opinions as to the extent that these disorders singly, or in combination, affect employability. When the aforementioned development has been accomplished, the claims should be reviewed by the RO. To the extent the benefits sought are not granted, the RO should then furnish the appellant and his representative a supplemental statement of the case which includes (if appropriate i.e., the claim for an increased rating for asthma remains denied) the legal criteria necessary for an increased evaluation for bronchial asthma under the rating schedule. After the requested development has been completed, the case should be returned to the Board for further appellate consideration. No action of the appellant is required unless notified. The purpose of this REMAND is to procure clarify data and insure the due process of law. No opinion as to the ultimate outcome is intimated from the action taken herein. MICHAEL D. LYON 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) (1994).