BVA9506422 DOCKET NO. 93-13 154 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to an increased evaluation for peptic ulcer disease, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel REMAND The veteran had active service from October 1966 to September 1968. This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama, which confirmed and continued a 10 percent rating for the veteran's peptic ulcer disease. The veteran was last accorded a rating examination by VA in August 1990. He was hospitalized in October 1992 at the Burdick- West Memorial Hospital in Haleyville, Alabama, for chest and for abdominal pain. He underwent an esophagogastroduodenoscopy and there were findings of hiatal hernia, severe esophagitis, and gastritis. He did well on therapy and was discharged on a bland diet with no fried or spicy foods. He was given prescriptions for Zantac and Mylanta. In his December 1992 notice of disagreement, the veteran stated that he had to take medication on a daily basis because of his peptic ulcer disease. He expressed dissatisfaction with the fact that he had not been accorded a rating examination in connection with his current claim. In his substantive appeal dated in January 1993, he again made reference to the fact he had not been afforded a complete rating examination in connection with his claim for an increased rating. In a February 1993 communication, the veteran stated that his principal treating physician died in 1990 and records from that individual were not available. He submitted a copy of his surgery sheet to show that he was on regular medication for his ulcer disease. The facility was the day surgery of Muscle Shoals, Muscle Shoals, Alabama, 35661. VA has a duty to assist the veteran in the development of facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1994). The United States Court of Veterans Appeals has held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 90 92 (1990). In view of the foregoing, the Board believes that additional development is desirable and the case is REMANDED for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of any health care providers who have treated him for gastrointestinal disability since 1992 and specify the proximate dates of treatment, if possible. Then, after any necessary authorization is obtained from the veteran, the RO should obtain copies of any treatment records identified by him. 2. A VA gastrointestinal examination should be arranged for the veteran to determine the extent and severity of his peptic ulcer disease. The examination should be conducted in accordance with the VA's Physician's Guide for Disability Evaluation Examinations. The impact of the veteran's symptoms on his ability to work should be noted. The examiner should set forth pertinent history with any pertinent weight changes, symptoms, and findings, including necessary laboratory and radiographic findings. The claims folder or copies of pertinent records must be made available to the examiner. 3. After the above actions have been completed, the case should again be reviewed by the RO, to include consideration of the provisions of 38 C.F.R. § 3.321(b)(1) (1994). Thereafter, unless the benefit sought is granted to the veteran's satisfaction, a supplemental statement of the case should be issued and he and his representative should be provided with the applicable time period in which to respond. The case should then be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. CHARLES E. HOGEBOOM 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) (1994).