BVA9500518 DOCKET NO. 93-05 690 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUE Entitlement to service connection for a psychiatric disability. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate for Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert P. Regan, Counsel INTRODUCTION The appellant served on active duty from October 1944 to December 1945. This matter came before the Board of Veterans' Appeals (Board) on appeal of an October 1992 rating determination by the Department of Veterans Affairs (VA) regional office (RO) located in San Juan, Puerto Rico. The appellant, during his hearing at the RO in November 1992, appears to be raising the issue of entitlement to service connection for tinnitus. This issue has not been developed for appellate consideration and is referred to the RO for appropriate action. REMAND The appellant in his substantive appeal requested that the medical records from a VA facility be obtained and reviewed in conjunction with his claim. Accordingly, the case is REMANDED for the following actions: 1. The RO should obtain the medical records from the VA facility in San Juan, Puerto Rico covering the period from 1980 to the present. 2 It is requested that the RO provide translations of the medical statements from Dr. R. B. Barreras received in October 1973 and L. R. Rios Mellado, M. D., dated in August 1992. 3. The regional office should inform the veteran that there is a duty to submit evidence of a well-grounded claim for service connection. The best evidence would consist of competent evidence of the claimed disability during service, in proximity to separation from service, or attributing the disability to service or a service-connected condition. Thereafter, if the benefit sought is not granted, the appellant and his representative should be furnished a supplemental statement of the case and an opportunity to respond. The case should then be returned to the Board for further appellate consideration. 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).