BVA9508332 DOCKET NO. 93-14 371 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUES 1. Entitlement to service connection for irritable bowel syndrome. 2. Entitlement to an increased (compensable) evaluation for malaria. 3. Entitlement to an increased (compensable) evaluation for dysentery. 4. Entitlement to an increased (compensable) evaluation for beriberi. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Alice A. Booher, Counsel INTRODUCTION The veteran had active service from December 1941 to September 1942, during which time he was a prisoner of war (POW) of the Japanese from April 10 to September 27, 1942. This appeal is from a rating action by the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines in January 1993. In the January 1993 rating action, the RO also granted service connection for a disorder characterized as "undernutrition", and assigned as 10 percent rating from August 17, 1992, the date of the veteran's claim. In March 1993, the veteran raised the issue of entitlement to an earlier effective date, which was denied by the RO in a rating action in April 1993, and the veteran was so informed. The veteran's subsequent Notice of Disagreement in April 1993, while acknowledging the RO's action on the earlier effective date claim, was limited to the issues shown on the front page of this decision. Since September 1993, the veteran has been represented by The American Legion, which made a written presentation on his behalf in July 1994. REMAND Service connection was denied by the RO for a claimed heart defect/disease in March 1954, May 1961, June 1962 and October 1989. In correspondence received from the veteran in January 1993, he again raised the issue of service connection for heart disease. The veteran included the issue in his VA Form 9, received in June 1993, as part of his claim for increased compensation for beriberi ("including beriberi heart disease"). The veteran's service medical records show that on admission to hospitalization the day after release from POW captivity in September 1942, the veteran was described as having edema of his lower extremities. Since service, the veteran has had cardiac- related diagnoses including "cardioneurosis" in 1948 (with arrhythmias), and more recently, arteriosclerotic heart disease. Ischemic heart disease is a disease for which service connection may be granted on a presumptive basis for former POW's. Effective August 14, 1993, 38 C.F.R. § 3.309(c) (1994) was amended. A note was added which was to the effect that the term beriberi heart disease "includes ischemic heart disease in a former prisoner of war who had experienced localized edema during captivity". The Board finds that this amendment may have significant application in this case and should be taken into consideration. Based on the overall evidence of record, the Board finds that additional development is required. Accordingly, the case is REMANDED for the following actions: 1. After appropriate release from the veteran, the RO should attempt to obtain legible copies of all clinical records from private physicians or facilities which may have treated the veteran for pertinent disabilities since 1991 including from the District Hospital in Aparri, Cagayan. 2. The veteran should then be afforded a comprehensive VA cardiovascular examination. All necessary laboratory and other testing should be conducted. The examiner is requested to comment on the presence or absence of beri-beri (ischemic) heart disease. The claims folder must be made available to, and reviewed by the examiner prior to the examination. 3. The RO should then review the case with regard to all issues including evaluations of service-connected disabilities and service connection for beri-beri (ischemic) heart disease under pertinent regulations. If the decision remains unsatisfactory, a Supplemental Statement of the Case should be prepared, and the veteran and his representative should be afforded an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The veteran need do nothing further until so notified. RENÉE M. PELLETIER 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).