BVA9500421 DOCKET NO. 93-08 999 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an increased evaluation for carcinoma of the prostate, currently evaluated as 20 percent disabling. 2. Entitlement to a compensable evaluation for a postoperative ventral hernia. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Joseph M. Horrigan, Counsel INTRODUCTION The veteran retired in October 1969 after more than 24 years of active service. This matter came before the Board of Veterans' Appeals (Board) on appeal from an October 1991 rating action of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. In his contentions the veteran raised additional issues of service connection for a right knee disorder and a psychiatric disorder, to include post-traumatic stress disorder; he also claimed increased evaluations for a left knee disorder and postoperative sinusitis with a deviated nasal septum. In addition, he raised the issue of entitlement to a total rating for compensation purposes based on individual unemployability. These issues are referred to the RO for all appropriate action. Only the issues listed on the previous page are before the Board at this time. REMAND The veteran last received a VA examination of his prostate disorder and ventral hernia in March 1992. It is apparent from the record that his carcinoma of the prostate has significantly worsened since that evaluation. Moreover, while a recurrent ventral hernia was noted during the March 1992 evaluation, no detailed description of this disability was reported at that time. It is also apparent from the record that considerable relevant clinical evidence is available but is not of record. 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. The RO should obtain copies of all clinical records documenting the veterans outpatient treatment at the Brooke Army Medical Center during 1989 and 1990 as well as all outpatient treatment records and hospital summaries from this facility subsequent to July 1991. All records obtained should be associated with the claims folder. 2. The RO should also obtain all clinical records documenting the veterans treatment at the VA Outpatient Clinic in San Antonio, Texas. All records obtained should be associated with the claims folder. 3. The veteran should also be given a VA genitourinary examination determine the current severity of his prostate carcinoma. All appropriate special studies should be performed and all clinical findings, including evidence of local recurrence or metastatic disease reported in detail. The claims folder must be made available to the examining physicians prior to their evaluation so that the pertinent clinical records may be studied in detail. 4. The veteran should also be given a VA examination by general surgery to determine the current degree of severity of his postoperative ventral hernia. Any appropriate special studies should be performed and all pertinent clinical findings, including a precise description of the hernia and the abdominal musculature, should be reported in detail. The claims folder must be made available to the examining physician prior to the evaluation so that the pertinent clinical records may be studied in detail. If the benefits sought on appeal are not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for its further consideration, if otherwise in order. No action is required of the veteran until he is so informed by the RO. The purpose of this examination is to obtain additional, clarifying clinical evidence. By this REMAND, the Board intimates no opinion as to the outcome warranted in this case. H. N. SCHWARTZ 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).