BVA9507562 DOCKET NO. 93-11 080 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for bilateral athlete's foot. 2. Entitlement to service connection for an eye disorder. 3. Entitlement to service connection for a back disorder. 4. Entitlement to a permanent and total rating for pension purposes. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Joseph Horrigan, Counsel INTRODUCTION The veteran served on active duty from February 1969 to July 1972. This matter came before the Board of Veterans' Appeals (Board) from an August 1991 rating action of the North Little Rock, Arkansas RO. The case is certified for appellate consideration at this time. The veteran is also seeking service connection for dental disability and a skin disorder claimed as a residual of exposure to Agent Orange. Service connection for a dental disability was denied in a January 1993 rating decision. In the Supplemental Statement of the Case, issued later that month, the veteran was not provided his appellate rights, and it appears that this was the only notice to him of the action taken. Further, the Supplemental Statement of the Case also notes that his claim for service connection for a dental disability was considered a reopened claim for nonservice-connected disability pension benefits. He should be appropriately notified of the action taken and provided his appellate rights. The issue of service connection for a skin disorder as a residual of exposure to Agent Orange has not been fully developed and certified for appeal and is referred to the RO for all appropriate action. REMAND The veteran has recently been scheduled for a VA physical examination, but it does not appear from the record that he was notified of this evaluation. Also the record indicates that additional relevant clinical records may be available which are not in the claims folder. 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 (West 1991), this case is REMANDED to the RO. The issues of entitlement to service connection for bilateral athlete's foot and eye and back disorders are held in abeyance pending the following action pertaining to the claim for pension benefits. 1. The RO should take all appropriate action, to include the obtaining of necessary authorizations, to obtain copies of all clinical records documenting the veteran's treatment and/or hospitalizations at the VA Medical Centers in Little Rock, and North Little Rock, Arkansas subsequent to January 18. 1991; his reported treatment at the Emanual (sic) Hospital in Tacoma Washington during 1972; and his reported treatment at the University Hospital in Portland, Oregon during 1984. All records obtained should be associated with the claims folder. 2. Thereafter, the veteran should be given a VA physical examination to determine the nature and severity of all his current disabilities. All necessary specialty examinations and tests should be carried out and all pertinent clinical findings reported in detail. The claims folder must be made available to the examining physician(s) prior to the examination(s) so that the pertinent clinical records can be reviewed in detail prior to the examination(s). In scheduling the veteran for this examination, he may be contacted at 408 Nottingham, Little Rock, Arkansas 72204. 3. Based on the development requested herein above, the RO should review the veteran's claim for pension benefits, to include appropriate consideration of all current disabilities. If the benefit sought is not granted, then he and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further consideration, if appropriate. By this remand, the Board intimates no opinion as to the outcome warranted in this case. No action is required of the veteran until he is so informed by the RO. BARBARA B. COPELAND 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).