BVA9507970 DOCKET NO. 94-02 387 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUE Entitlement to service connection for residuals of a nasal fracture. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from January 1969 to November 1971. This appeal comes to the Board of Veterans' Appeals (Board) from a July 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. The issue of entitlement to benefits under 38 U.S.C.A. § 1151 (West 1991) initially was deferred by the RO; however, this issue may now be developed and adjudicated, and the RO should do so. REMAND The veteran alleges that his nose was fractured in service during a fight. He attributes his current sinus problems to the alleged nasal fracture. A VA hospitalization report from March 1989 indicates that the veteran had a sinus window for sinusitis two years earlier. It also indicates that he underwent a septoplasty for a deviated septum. However, the medical records concerning the deviated septum are not in the veteran's claims folder, and there is no indication that the RO attempted to secure them. As the crux of the veteran's claim is whether he indeed had a nasal fracture in service, records of a septoplasty are essential in evaluating the claim. In light of the foregoing, the Board is REMANDING this case for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him since service for a nasal fracture and any alleged residuals thereof. Specifically, he should be requested to identify the name and address of the health care provider who performed the septoplasty for the deviated septum. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran in response to this request, which have not been previously secured. 2. Then, the RO should arrange for a VA examination by an ear, nose and throat specialist, to determine the current nature and extent of any nasal and/or sinus disability and whether there is any evidence of a prior nasal fracture. The claims folder and a copy of this REMAND must be provided to the examining physician for review prior to the examination. All indicated studies should be done. Complete rationale for all opinions expressed should be given. 3. Then, the RO should undertake any other indicated development and readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case and be afforded a reasonable opportunity to reply. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. ROBERT E. SULLIVAN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).