BVA9507728 DOCKET NO. 93-16 819 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for multiple sclerosis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD C. M. Flatley, Counsel REMAND The veteran had active service from January 1977 to January 1981. This case came before the Board of Veterans' Appeals (Board) on appeal from a July 1991 rating decision of the St. Petersburg, Florida, regional office (RO). Review of the record indicates that the veteran has submitted a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991). The VA therefore has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a); Murphy v. Derwinski, 1 Vet.App. 78, 81-82 (1990). In this regard, the veteran's representative has emphasized that although the veteran reported that he received pertinent treatment at MacDill Air Force Base in Tampa, Florida, in approximately 1979 and 1980, records associated with such treatment are not on file. Further, the veteran reported that during his 10-year period of employment as a police officer, he underwent yearly physical examinations. Although post-service clinical data are of record, including from CIGNA Healthplan of Florida, the record indicates that additional records may be outstanding. Lastly, the veteran's representative has requested that the veteran be provided with a thorough VA examination. Upon review of the record, the Board is of the opinion that additional clinical data may prove helpful in evaluation the veteran's claim. In order to fully assist the veteran in the development of his case, therefore, and extend to the veteran every equitable consideration, additional development is warranted. As such, this case is REMANDED for the following: 1. The RO should obtain all available service medical records not previously associated with the veteran's claims folder, particularly those associated with the veteran's reported treatment at MacDill Air Force Base in Tampa, Florida in approximately 1979 and 1980. 2. After any necessary information and authorization are obtained from the veteran records of any post-service clinical data, VA or private, inpatient or outpatient, routine or associated with his multiple sclerosis, particularly data related to regular examinations in association with the veteran's former employment, should be obtained by the RO and incorporated into the claims folder. 3. The veteran should undergo a VA examination by a specialist in neurology to determine the nature and etiology of the veteran's multiple sclerosis. The examination should be conducted in accordance with the provisions of the VA's Physician's Guide for Disability Evaluation Examinations. All indicated studies should be conducted. The examination report should include a full description of the veteran's symptoms, clinical findings, and associated functional impairment; all findings should be recorded in detail. In a comprehensive report, and after review of the veteran's claims folder, including his history, complaints, and with attention to service medical records, the examiner should provide an opinion, with supporting rationale, as to the degree of probability, if any, that the initial manifestation of the veteran's multiple sclerosis occurred in service or within seven years from his separation. The veteran's claims folder must be provided to the examiner for review prior to the examination. 4. The RO should then review the veteran's claim. All pertinent law, regulations, and United States Court of Veterans Appeals (Court) decisions should be considered. If the veteran's claim remains in a denied status, he and his representative should be provided with a supplemental statement of the case, which includes any additional pertinent law and regulations and a full discussion of action taken on the veteran's claim, consistent with the Court's instruction in Gilbert v. Derwinski, 1 Vet.App. 49 (1990). The applicable response time should be allowed. The case should then be returned to the Board, if in order, after compliance with customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. EUGENE A. O'NEILL 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 133-446, § 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. 38 C.F.R. § 20.1100(b) (1994).