BVA9503222 DOCKET NO. 92-55 596 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to a permanent and total disability evaluation for pension purposes. ATTORNEY FOR THE BOARD J. L. Prichard, Associate Counsel INTRODUCTION The veteran had active service from July 1973 to July 1974. This case was previously before the Board of Veterans' Affairs (Board) in August 1992. It was remanded at that time to the regional office (RO) for further development. The RO was to attempt to obtain records from the Social Security Administration (SSA) and to obtain medical records from private physicians. The requested developments have been completed, and the case has been returned for additional appellate review. REMAND The veteran contends that he is precluded from all forms of gainful employment by his disabilities. He argues that his primary disabilities are various genitourinary disorders which result in frequent infections, pain, and difficulty in urinating. He believes that these disorders are aggravated by physical labor. In addition, the veteran notes that he has undergone surgery for a back disorder, which also adversely affects his ability to perform manual labor. His other disabilities include anxiety, peptic ulcer disease, and a right inguinal hernia. The veteran states that his disorders leave him unable to stand for more than a short period of time before he experiences pain, and renders him unable to return to his former occupation of house painting or any other employment for which he might otherwise be qualified. In October 1994, copies of medical literature which the Board wished to use in its proposed decision were furnished to the veteran in accordance with Thurber v. Brown, 5 Vet.App. 119 (1993). In response, the veteran submitted a report of computerized tomography scans conducted in December 1994. This report indicated that the veteran had a new laminectomy defect on the left at L1, as well as a new left paracentral disc herniation at L4 to L5. In addition, the veteran submitted an affidavit dated in December 1994. This additional evidence has not been considered by the RO. Any pertinent evidence submitted by the appellant which is accepted by the Board, as well as any such evidence referred to the Board by the RO, must be referred to the RO for review and preparation of a supplemental statement of the case unless this procedural right is waived by the appellant or unless the Board determines that the benefit to which the evidence relates may be allowed on appeal without such referral. Such waiver must be in writing. 38 C.F.R. § 20.1304(c) (1994). The veteran has not waived review by the RO of the additional evidence submitted in December 1994. In addition, the Board notes that the most recent Department of Veterans Affairs (VA) examinations afforded the veteran are almost two years old. The Board believes that current examinations would be helpful in reaching a decision in this case. Recent treatment records pertaining to treatment of the veteran's disabilities should also be secured. The Board has a duty to assist the veteran in the development of all pertinent evidence necessary to reach a decision in his claim. 38 U.S.C.A. § 5107 (West 1991). In addition, the Board is obligated to afford the RO an opportunity to review the additional evidence submitted by the veteran. 38 C.F.R. § 20.1304(c) (1994). Therefore, in order to assist the veteran in the development of his claim and to afford him due process, the Board finds that it must remand this case for the following development: 1. The RO should contact the veteran and ask that he provide the names and addresses of all health care providers who have afforded him treatment from July 1992 to the present. After obtaining the necessary permission from the veteran, the RO should obtain these records and associate them with the claims folder. 2. The veteran should be afforded VA examinations of all claimed disabilities. This should include all pertinent special examinations, including a genitourinary examination, a psychiatric examination, an orthopedic examination, a neurologic examination, and a gastrointestinal examination. All indicated tests and studies should be conducted. The claims folder should be made available to the examining physicians to assist in the study of this case. 3. The RO should review the veteran's claim on the basis of all the evidence of record, including the new evidence submitted by the veteran in December 1994, and the additional medical evidence obtained during the course of this remand. If the decision remains unfavorable to the veteran following the review by the RO, he should be issued an appropriate supplemental statement of the case. The case should then be returned to the Board for further appellate review. The purpose of this remand is to assist the veteran in the development of his claim and to afford him due process, and the Board does not intimate any opinion, either legal or factual, as to the ultimate disposition warranted in this case. WILLIAM J. REDDY 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) (1993).