BVA9504545 DOCKET NO. 93-14 580 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for hypertension. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD S. L. Kennedy, Counsel REMAND The veteran has verified active duty in the Armed Forces from January 1951 to January 1954 with additional periods of verified active duty between April 1954 and January 1972. This appeal arises from a June 1992 rating decision of the Department of Veterans Affairs (VA), St. Louis, Missouri, Regional Office (RO). In that decision, the RO denied the veteran's claim of entitlement to service connection for hearing loss and hypertension. As noted above, the veteran has verified active duty in the United States Army from January 1951 to January 1954. He has also indicated that his additional service was in the U. S. Army Reserves and that he retired from the Reserves in 1976. However, the record on appeal contains information verifying additional continuous active duty from April 1954 to January 1972 with other unspecified service in the U.S. Army Reserves. The record on appeal contains a November 1992 VA Form 21-3101 (Request for Information) forwarded by the RO to the service department requesting clarification of the veteran's active duty, including an inquiry regarding whether or not the veteran's active duty from April 1954 to June 1972 was with the Reserves only. The record on appeal includes a May 1993 letter from the U.S. Army Reserve Personnel Center pertaining to the RO's November 1992 inquiry which indicates that another request was currently being processed. The record indicates that the service department had not yet completed its action on the last RO request for service verification, and it therefore, appears that the case is prematurely before the Board. The veteran contends that both a hearing loss and hypertension were incurred during his active military service between 1951 and 1953, and that he continued to be treated for these disorders by both U.S. Army physicians and by his family practitioner, Dr. Thomas Waltrip of Sikeston, Missouri. The VA has a duty to assist the veteran in the development of facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals (Court) has held that fulfillment of the VA's duty to assist the veteran includes the procurement and consideration of any relevant medical records. Ferraro v. Derwinski, 1 Vet.App. 326, 334 (1991). With the veteran's assistance, the RO should procure copies of any pertinent medical records referenced herein. In view of the foregoing, and in order to fully and fairly adjudicate the veteran's claim, the case is REMANDED to the RO for the following action: 1. The RO should request the veteran to identify the names and addresses of any medical care providers, VA and otherwise, who treated him for hearing loss and/or hypertension since 1953. After securing any necessary release, the RO should obtain legible copies of all pertinent medical records, to include complete records from Dr. Thomas Waltrip of Sikeston, Missouri. All records obtained should be added to the claims file. 2. The RO should direct a follow-up inquiry to the Department of the Army, U. S. Army Reserve Personnel Center, to determine the status of its November 1992 Request for Information relating to verification of the veteran's military service, and specifically all periods of active duty with the regular Army and periods of active duty for training with the Army Reserves. If appropriate, an additional request for all related service medical records, not currently of record, should be made, and those records should be associated with the claims file. 3. Thereafter, the RO should readjudicate the veteran's claim. If the determination remains adverse to the veteran, he should be provided a supplemental statement of the case which includes a summary of additional evidence and the reasons for the decision. The veteran and his representative should be afforded the applicable time to respond. The case should then be returned to the Board for further appellate review. The purpose of this REMAND is to obtain additional evidence and ensure that the veteran is afforded all due process of law. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. CHARLES E. HOGEBOOM 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) (1994).