BVA9500037 DOCKET NO. 93-09 838 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Joseph M. Horrigan, Counsel REMAND The veteran had active duty from February 1963 to February 1967. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for hypertension and disorders of the cervical and lumbar spines from 1987 to the present. After securing the necessary release, the RO should obtain all records that are not currently in the claims folder. These should include records from the Department of Veterans Affairs Medical Center (VAMC) in Gainesville, Florida; the North Florida Regional Medical Center at PO Box 147006 in Gainesville, Florida; Joseph C. Cauthen, M.D., at 6510 N.W. Blvd., in Gainesville, Florida; and Phillip Parr, M.D., at 6608 N.W. 9th Blvd in Gainesville, Florida. 2. The RO should obtain from the Social Security Administration the medical records pertinent to the appellant's claim for Social Security Administration (SSA) disability benefits. 3. The veteran should be afforded a complete VA physical examination to determine the severity of all physical disabilities found. All necessary special studies should be performed and all pertinent clinical findings reported in detail. The claims folder should be made available to the examiner for review before the examination. 4. The RO should review the favorable Social Security determination that was apparently associated with the file after the case was received at the Board. When the above development has been completed, the RO should readjudicate 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 the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified by the RO. 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).