BVA9507127 DOCKET NO. 93-12 182 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to a compensable evaluation for urethritis. 2. Entitlement to a compensable evaluation for lumbosacral strain. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD N. W. Fabian, Associate Counsel REMAND The veteran had active duty from August 1948 to June 1951. The veteran claims that his service-connected urethritis and lumbosacral strain have gotten worse. The veteran further contends that lumbosacral strain caused him to have degenerative joint disease of the spine and that urethritis caused him to develop prostate problems. The Department of Veterans Affairs (VA) Regional Office (RO) denied the veteran's claim for compensable evaluations for urethritis and lumbosacral strain on the basis of VA outpatient treatment notes and hospital summaries. In accordance with the Court of Veterans Appeals decision in Proscelle v. Derwinski, 2 Vet.App. 629 (1992), the veteran's assertion that his condition has gotten worse constitutes a sufficient basis for establishing a well-grounded claim. The VA is obligated, therefore, to assist the veteran in the development of his claim. As the Court held in the Proscelle decision, this obligation requires that the veteran be afforded a VA examination. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers, both VA and private, inpatient and outpatient, who treated the veteran for a urinary or back disorder since July 1992. After securing the necessary release, the RO should obtain the complete records of such treatment. The records need not be obtained if copies of the records are already in file. 2. The veteran should be afforded VA orthopedic and urology examinations to determine the nature, severity, and etiology of any disorder of the lower back or any disorder of the urinary system he has. The claims folder should be made available to the examiners for review before the examinations. The examinations should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations. The examinations should include any diagnostic tests that the examining physicians determine to be appropriate. The orthopedic examiner should be asked to offer an opinion on whether lumbosacral strain, which is service-connected, is causally related to any other disorder of the lower back that the veteran has. The physician conducting the urology examination should be asked to provide an opinion on whether urethritis, which is service-connected, is causally related to any disorders of the prostate that the veteran has. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the 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 should take no action until otherwise notified. GEORGE R. SENYK 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).