BVA9500517 DOCKET NO. 93-09 028 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to a compensable evaluation for varicose veins on the left leg. 2. Entitlement to a compensable evaluation for bilateral otitis externa. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Joseph M. Horrigan, Counsel INTRODUCTION The veteran served on active duty from May 1945 to November 1946. This matter came before the Board of Veterans' Appeals (Board) from an April 1992 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The case is before the Board for appellate consideration at this time. REMAND The veteran last received a VA examination of his otitis externa and left leg varicosities in January 1992. The veteran has questioned the adequacy of this examination and review of the record reveals considerable subsequent treatment for peripheral vascular disease and ear complaints. The Board also notes that the veteran has received recent treatment for otitis from a private facility but no clinical records documenting this treatment subsequent to January 8, 1990 are in the claims folder. He also receives ongoing treatment from the VA but no clinical records documenting this treatment subsequent to October 13, 1992 are on file. At that time it was reported that the veteran was to undergo a Doppler study and an angiogram in the near future. In view of the foregoing and given the duty to assist the veteran in the development of his claim under the provisions of 38 U.S.C.A. 5107(a) (West 1991), this case is REMANDED to the RO for the following action: 1. After obtaining any necessary authorization from the veteran, the RO should contact the United Medical Centers at P.O. Box 921 in Eagle Pass, Texas 78853- 0921 and request copies of all clinical records reflecting treatment at that facility subsequent to January 9, 1990. All records obtained should be associated with the claims folder. 2. The RO should obtain copies of all clinical records documenting the veteran's treatment at the VA Clinic in Loredo, Texas subsequent to October 1992 and all outpatient records from the Audie Murphy Veterans Hospital in San Antonio, Texas subsequent to April 13, 1992; especially all records regarding the Doppler study and angiogram which was to have been performed at that facility in October or November 1992. All records obtained should be associated with the claims folder. 3. Thereafter, the veteran should be accorded VA examinations to determine the current degree of severity of his ear disorder and varicosities on the left leg. All necessary special studies,including audiological testing, should be performed and all clinical findings reported in detail. The claims folder must be made available to the examiners prior to their evaluations so that they may study the clinical record in detail. When the above development has been completed the RO should review the veteran's claim. If the benefits sought on appeal remain denied, he and his representative should be provided a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to this Board for further appellate consideration, if otherwise appropriate. No action is required by the veteran until he is so informed by the RO. The purpose of this REMAND is to obtain additional, clarifying, clinical evidence. By this REMAND the Board intimates no opinion as to the outcome warranted in this case. ALBERT D. TUTERA 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) (1993).