BVA9505580 DOCKET NO. 93-13 484 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for a disability of the right testicle. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from July 1988 to July 1990. This matter comes before the Board of Veterans' Appeals (Board) from a November 1991 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The veteran contends, in essence, that he had the first episode of right testicle pain after strenuous physical training during military service. The representative has requested that the case be returned to the RO in order that the veteran's service medical records may be obtained and to obtain further medical examination recommended by the VA examiner in May 1991. The record shows that in October 1991, the RO was advised by the National Personnel Records Center to contact the veteran's Army National Guard unit for medical records at the address provided. It does not appear that RO requested records from the National Guard. Regarding the May 1991 VA examination, it was the opinion of the examiner that if the veteran's problem persisted, he should have "at some point" an ultrasound test to rule out any testicular masses. In view of the foregoing, the case is REMANDED to the RO for the following development: 1. The RO should make another attempt to secure the veteran's complete, original service medical records through official channels. 2. The RO should obtain the names and addresses of all medical care providers who treated the veteran for a right testicle disorder since service. After securing the necessary release, the RO should obtain all records that have not previously been obtained. 3. The veteran should then be afforded a VA urology examination to determine the nature and extent of any right testicle disorder found. The claims folder should be made available to the examiner for review before the examination. All special studies deemed necessary for a comprehensive evaluation should be obtained, to include ultrasound testing or other non invasive procedure. 4. After the development requested has been completed to the extent possible, the RO should readjudicate the issue on appeal. If the benefit sought is not granted, a supplemental statement of the case should then be prepared and furnished to the veteran and his representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. GARY L. GICK 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 deter- mination. 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) (1994).