BVA9508359 DOCKET NO. 93-11 797 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for hepatitis, including a spleen disorder. 2. Entitlement to service connection for gynecomastia. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from March 1962 to March 1965. A Department of Veterans Affairs (VA) medical expert has provided a special opinion in this case, which opinion, in itself, gives rise to the need for additional development of the claim for service connection for hepatitis. The expert appears to indicate that the veteran does not have chronic hepatitis B but may have chronic hepatitis C, formerly known as nonA-nonB. The expert did not provide a clear opinion as to whether any chronic current hepatitis is related to service. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claims and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for drug abuse or hepatitis from service to the present. After securing the necessary release, the RO should attempt to obtain all outstanding records. This should include records of the veteran's liver biopsy, and a search for 1967 Brooklyn VA hospital liver function studies. 2. The veteran should be afforded a VA examination by a hepatologist to determine whether the veteran has chronic hepatitis or any residuals of what was diagnosed as hepatitis in service. If the latter, then the residuals should be described in detail. If chronic hepatitis is diagnosed, then the examiner should specify what kind of chronic hepatitis is present, and whether it is related to the episode of hepatitis in service. Complete serological testing for hepatitis A, B, and C, to include anti-HAV (IgG or "total"), HBcAb, HBsAb, HBsAg, HB"e"Ag, HBV-DNA, and anti- HCV testing, should be performed. Liver function studies including SGPT, SGOT, GGT, serum bilirubin, serum proteins (albumin and globulins) and a CBC, and alanine transaminase, should be performed. An explanation of the tests performed and a narrative explanation of the results obtained should be provided. If any question stated herein cannot be reasonably medically answered, then the examiner should state this expressly. A complete history should be obtained. The claims folder must be made available to the examiner for review before the examination and to enable the examiner to render the requested opinions. The examiner should attempt to reconcile any discrepancies between the current findings and opinions and those made by the VA medical expert who reviewed this case in January 1995. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board of Veterans' Appeals (Board), if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. WILLIAM J. REDDY 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) (1994).