BVA9506503 DOCKET NO. 93-16 349 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for polycystic kidney disease with hypertension, currently rated as 10 percent disabling. 2. Entitlement to an increased (compensable) evaluation for defective hearing in the left ear with tinnitus. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty from March 1972 to March 1992. This case came before the Board of Veterans' Appeals (Board) on appeal from a November 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The veteran noted in his April 1993 substantive appeal that he could not secure employment due to his service-connected disabilities. This matter is referred to the RO for appropriate action. REMAND Although the veteran testified at his personal hearing at the RO in May 1993 that he had undergone a semiannual renal check-up for his service-connected kidney disease since 1988, there are no postservice outpatient records on file. The veteran also testified at his 1993 personal hearing that his service-connected kidney disease had increased in severity because of peripheral edema since VA examination in July 1992 and warranted an increased evaluation. Based on the above, the Board finds that additional development is required prior to final disposition of this case. Therefore, this case is being REMANDED to the RO for the following actions: 1. The veteran should be requested to provide the names, addresses, and dates of treatment of any physicians or facilities, including the VA, that have treated him for his polycystic kidney disease with hypertension or his defective hearing in the left ear with tinnitus since service discharge in March 1992. Any medical provider identified should be asked for copies of the veteran's clinical records not currently on file. Any records obtained should be associated with the claims folder. The veteran should be asked to sign any necessary consent forms for release of his private medical records. 2. The RO should obtain and associate with the claims file the reports of the veteran's periodic kidney examinations since discharge, which the veteran indicated at his hearing were conducted at Ft. Rucker. 3. After the above actions have been completed, if an adequate renal examination for rating purposes dated within the previous year is not on file, the veteran should be given a special renal examination by a board certified internist, if available, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the severity of his service-connected polycystic kidney disease with hypertension. A medical history with notation of any time lost from employment due to the disease should be included with the examination report. All necessary tests and studies should be conducted, and all findings should be reported in detail. The claims folder must be made available to the examiner for review in connection with the examination. 4. The RO should then undertake any other indicated development. Thereafter, the RO should readjudicate the issues on appeal to include consideration of 38 C.F.R. § 3.321(b)(1). When the above actions have been completed, unless the benefits sought are granted to the satisfaction of the veteran, the veteran and his representative should be provided with a supplemental statement of the case that addresses all issues in appellate status and given the applicable time period to respond. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until notified. 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 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. 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. 38 C.F.R. § 20.1100(b) (1994).