BVA9504349 DOCKET NO. 93-04 676 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico THE ISSUES 1. Entitlement to service connection or a psychiatric disorder. 2. Entitlement to service connection for a kidney disorder. 3. Entitlement to an increased (compensable) rating for a laparotomy scar. REPRESENTATION Appellant represented by: American Red Cross WITNESSES AT HEARING ON APPEAL The veteran, his wife and his mother ATTORNEY FOR THE BOARD Sabrina M. Tilley, Counsel REMAND The veteran served on active duty from September 1972 to January 1973. The clinical record shows that the veteran was allegedly kicked in the abdomen in November 1972. He was subsequently hospitalized and was found to have a laceration of the right renal parenchyma which required surgical repair. He was also noted to have a congenital anomaly, "caked" kidney, with crossed renal ectopia and fusion. It was determined that the condition existed prior to service. Reports of private treatment from D. Hasbun, M.D., and a July 1974 statement from R. B. Barreras, M.D. show that the veteran had been treated for renal and urinary problems. Additional records of treatment should be obtained as they may reveal facts pertinent to the veteran's claim. Likewise, a VA renal examination should be accomplished in order to determine the nature and etiology of any kidney disorder existing currently. Further, copies of Social Security records should be obtained, as the veteran asserts he was awarded disability benefits based, in part, upon his kidney disability. The service medical records do not show that the veteran was treated for psychiatric disability of any kind during the veteran's short period of active service. Likewise, no psychiatric disability was diagnosed on the initial VA examination, conducted in March 1973. An August 1973 statement from R. B. Barreras, M.D., reflects that the veteran had been treated on numerous occasions since March 1973 for a nervous depressive condition. Contemporaneous treatment records have not been associated with the claims folder. Various psychiatric diagnoses have been recorded in the clinical record. These include psychophysiological genitourinary disorder, noted at the October 1973 VA examination, and anxiety and questionable schizophrenia. The Board considers it important for the purposes of determining the veteran's entitlement to service connection that there be a resolution of the differing psychiatric diagnoses of record and determination as to the etiology of any psychiatric disability currently found. The veteran's laparotomy scar has not been examined for rating purposes since 1973. Numerous documents in the claims file are written in Spanish. The Board obtained translations into English, but many of the documents submitted on April 14, 1992, are illegible and could not be translated. In order to afford the veteran due process of law, he should be afforded the opportunity to submit legible copies or translations of the records at issue. In view of the foregoing, the case is REMANDED to the RO for the following actions: 1. The RO should take all appropriate action to obtain copies of reports of private treatment from Dr. Barreras, beginning in March 1973. All evidence obtained should be associated with the veteran's claim folder. 2. The RO should obtain from the Social Security Administration the records pertinent to the veteran's claim for Social Security disability benefits as well as the clinical records relied upon concerning that claim. 3. The veteran should be afforded a psychiatric examination under the direction of VA in order to determine the current nature and likely etiology of any existing psychiatric disorder. The examiner is requested to review the entire clinical record and to reach a conclusion as to the current psychiatric diagnosis and the possible date of onset of that condition or conditions. In reaching this conclusion, the examiner is requested to offer an opinion as to the medical probability that psychiatric disability is associated with injury or disability of the veteran's active service. The clinical bases for these opinions should be set forth in detail. The claims folder should be made available to the examiner for use in studying the case. 4. The RO should afford the veteran a VA renal examination in order to determine the current nature and etiology of any existing kidney disorder. The examiner is requested to offer an opinion as to the medical probability that the veteran currently has a kidney disorder that may be associated with injury or disability noted in his active service. All indicated tests and special studies should be accomplished. The clinical basis for the opinion reached should be set forth in detail. The claims folder should be made available to the examiner for use in studying the case. 5. The RO should afford the veteran a VA surgical examination in order to determine the severity of the service-connected laparotomy scar. The examiner should attempt to correlate the veteran's complaints concerning the laparotomy scar with current manifestations thereof. The claims folder should be made available to the examiner for use in studying the case. 6. The veteran should be appropriately contacted and advised that many of the medical records submitted on April 14, 1992, are illegible and that he may submit legible copies or English translations thereof, if he wishes this evidence to be considered. 7. The RO then should review the veteran's claims on appeal in light of the additional development. If the benefits sought on appeal are not granted, then the veteran and his representative should be provided with a supplemental statement of the case. After he and his representative have been given an opportunity to respond, the case file should be returned to the Board for further appellate review, if necessary. Where applicable, evidence should be translated into English prior to the return of the case to the Board in order to expedite its review of the veteran's claim. The purpose of this REMAND is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. BARBARA B. COPELAND 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) (1994).