BVA9500470 DOCKET NO. 93-03 681 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to an increased evaluation for residuals of hydrocephalus, currently evaluated as 10 percent disabling. WITNESSES AT HEARING ON APPEAL The veteran and his father ATTORNEY FOR THE BOARD Daniel J. McTavish, Associate Counsel INTRODUCTION The veteran served on active duty from September 21, 1989, to December 1, 1989. This matter came before the Board of Veterans' Appeals (Board) on appeal of a May 1992 rating decision by the New Orleans, Louisiana Regional Office (RO) of the Department of Veterans Affairs (VA), which assigned a 10 percent evaluation for service- connected residuals of hydrocephalus, effective from December 2, 1989. The veteran disagreed with the decision pertaining to the evaluation assigned for this disorder. A personal hearing was held at the RO before a Member of the Board in February 1993. REMAND Service medical records indicate that hydrocephalus had its onset during the veteran's active military service. He underwent VA examinations in March 1990. He reported that he experienced severe headaches, intermittent diplopia, and stiffness of the neck. Examination revealed no diplopia. Extraocular movements were normal and visual acuity was fully correctable. CAT scan of the brain revealed right frontal shunt catheter in place but no other abnormalities were noted. Neurological examination was essentially benign. In his February 1993 hearing, the veteran argued that the 10 percent disability rating currently assigned to his service- connected residuals of hydrocephalus is not consistent with the severity of his disability. He stated that the symptoms related to this disorder had increased in severity since the March 1990 VA examinations. He testified that he experiences blurred vision and pain in the neck. The veteran also testified to having headaches of varying severity 3 to 4 times per week. The veteran's father testified that, among other things, the veteran was in need of psychiatric help to deal with his disability. There was an indication that the veteran intended to seek VA medical care at the local VA medical center. VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991). Accordingly, this case is REMANDED to the RO for the following: 1. The RO should contact the veteran and ask him to identify any current sources of medical treatment, whether from VA or private care providers. If the veteran has received care for residuals of hydrocephalus, the RO should obtain and incorporate records of this treatment into the claims file. All records should be obtained in compliance with appropriate procedure. 2. The RO should then schedule the veteran for special VA ophthalmologic and neuropsychiatric evaluations in order to ascertain the current severity of his residuals of hydrocephalus. All indicated tests should be performed and all clinical findings should be set forth in detail. The neurological examination should be described in detail. In accordance with United States Court of Veterans Appeals decisions, the claims folder should be made available to the examining physicians for review prior to the examinations. 3. After further consideration of the claim, if the decision remains adverse to the veteran, the RO should issue a supplemental statement of the case summarizing the evidence, and law and regulations, and explain the application of the law and regulations to the evidence. The RO should afford the veteran 60 days to respond to the supplemental statement of the case before the matter is returned to the Board for final adjudication, if otherwise in order. 38 C.F.R. § 20.302(c) (1993). (CONTINUED ON NEXT PAGE) The purpose of this REMAND is to procure clarifying data. No action is required of the veteran until further notice. N. R. ROBIN 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) (1993).