BVA9501453 DOCKET NO. 93-07 252 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased rating for bronchial asthma, currently evaluated as 10 percent disabling. 2. Entitlement to an increased (compensable) evaluation for residuals of a deviated nasal septum. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD P. A. Dowdell, Associate Counsel INTRODUCTION The veteran served on active duty from January 1961 to October 1965. He also had additional unverified service with the Pennsylvania Air National Guard. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a March 1992 rating decision from the St. Petersburg, Florida, Regional Office (RO). That rating action confirmed a 10 percent evaluation for bronchial asthma. The rating action also granted service connection for deviated nasal septum, and assigned a schedular noncompensable evaluation. It should be noted that this case was originally developed on the additional issue of entitlement to an increased (compensable) evaluation for residuals of burns of the left arm and face. However, at the personal hearing held before a hearing officer at the RO in November 1992, the veteran testified that he wished to withdraw this issue from appellate consideration. Additionally, in the Informal Hearing Presentation dated in August 1993, the veteran's representative appears to raise the issue of entitlement to a total disability rating for compensation purposes based on individual unemployability. Inasmuch as this issue has not been developed for appellate consideration at this time, and such issue is not inextricably intertwined with the issues on appeal, the matter is referred to the RO for appropriate action. REMAND The veteran contends, in essence, that the RO committed error in denying increased compensation for his service-connected bronchial asthma and deviated nasal septum. The Board is of the opinion that additional action by the RO is requisite prior to any further Board review of the veteran's claim. In a statement dated in June 1991, the veteran reported that he was receiving treatment for his service-connected bronchial asthma at the VA Outpatient Clinic in Fort Myers, Florida. Additionally, at the VA examination performed in July 1991, the examiner noted that laboratory tests were available at the VA Outpatient Clinic, Fort Myers, Florida. These records are not associated with the veteran's claim's file and are necessary for an equitable disposition of his claim for increased evaluation for bronchial asthma. Additionally, the veteran has not been afforded a comprehensive VA examination to determine the current nature and severity of residuals of a deviated nasal septum, to include any claimed associated scarring. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The regional office should contact the veteran in order to obtain information about all treatment he has received for service-connected bronchial asthma and residuals of a deviated nasal septum. The regional office should then attempt to obtain copies of all records, not already included in the claims folder, referable to any identified treatment and associate those records with the veteran's claims file. This should include all reports of treatment at the VA Outpatient Clinic, Fort Myers, Florida. Any authorization necessary for the release of additional documents shall be obtained from the veteran. 2. Thereafter, the regional office should request that the veteran be examined by a pulmonologist, an ear nose and throat specialist, and a dermatologist to determine the current severity of his service-connected bronchial asthma and residuals of deviated nasal septum. Special attention should be drawn to any complaints of respiratory problems and facial scars which are deemed to be a residual of the service-connected deviated nasal septum. All indicated tests and studies should be conducted. Color photographs of any such scars are requested. The examiner is to set forth all findings along with the reasons and bases therefor, in a clear, comprehensive and legible manner. The claims folder must be made available to the examiners prior to examination in order to facilitate study of this case. 4. Following completion of the above, the regional office should again review the veteran's claims, and determine whether an increased rating for bronchial asthma, or residuals of a deviated nasal septum, can now be granted. 5. If any decision remains adverse to the veteran, 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 the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. U. R. POWELL 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).