BVA9500073 DOCKET NO. 93-08 723 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to an increased evaluation for renal calculi, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Virginia Department of Veterans Affairs ATTORNEY FOR THE BOARD Joseph M. Horrigan, Counsel INTRODUCTION The veteran retired in August 1990 after more than 30 years on active duty. This matter came before the Board of Veterans' Appeal (Board) from a January 1992 rating action of the Department of Veterans Affairs Regional Office (RO) in Roanoke, Virginia. The case is before the Board for appellate consideration at this time. The issue of entitlement to service connection for a thumb disorder was resolved in favor of the veteran. The decision of the RO to certify the issue, after the rating board had granted service connection, was in error. REMAND A review of the record reveals that the veteran receives treatment for his kidney disorder at an Air Force medical facility but no clinical records reflecting this treatment are in the claims folder. In addition, while he received a VA physical examination in August 1992, it does not appear that his clinical records were available for review at that time. Moreover, he was not given a kidney X-ray to determine the extent of renal calculus affecting the kidney. In addition, the report did not adequately detail the presence or absence of pertinent findings. In view of the foregoing, and given the duty to assist the veteran in the development of his claim under 38 U.S.C.A. 5107(a) (West 1991), this case is REMANDED to the RO for the following action: 1. The veteran should be requested to provide the names , addresses, and approximate dates of treatment from all VA and non-VA health care providers who have provided him treatment for renal calculi at any time since his discharge from service. When the veteran responds, the RO should obtain copies of all clinical records documenting the veterans treatment for renal calculi which are not already of record. These should include all clinical records documenting treatment at the medical facility at Mc Gill Air Force Base. 2. Thereafter, the veteran should be given a VA genitourinary examination to determine the current degree of severity of his service connected kidney disorder. All necessary special studies should be performed and all pertinent clinical findings reported in detail. The claims folder must be made available to the examining physician prior to the examination so the pertinent clinical record may be studied in detail. The examiner is to be provided a copy of the past and current rating criteria. The examination report must include all positive and negative findings and correspond to the rating criteria. 3. The regional office must ensure that the examination report is adequate for appellate purposes. 4. The regional office must readjudicate the issue in light of the changed rating criteria. When the above development has been completed, the RO should review the veteran's claim. If the benefits sought on appeal remain denied, the veteran and his representative should be furnished with a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to this Board, if otherwise in order. No action is required of the veteran until he is so informed by the RO. The purpose of this REMAND is to obtain additional clinical records. By this REMAND, the Board intimates no opinion as to the appropriate 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).