BVA9502586 DOCKET NO. 91-22 629 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES Entitlement to service connection with special monthly compensation for loss of use of a creative organ. Entitlement to a rating in excess of 50 percent for cirrhosis with esophageal varices and portal hypertension. Entitlement to a rating in excess of 20 percent for diabetes mellitus. Entitlement to a rating in excess of 10 percent for nephrosclerosis with hypercalcemia. Entitlement to increased (compensable) evaluations for gout, postoperative residuals of a tonsillectomy, hemorrhoids and hiatal hernia. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD P. Gutstein, Counsel INTRODUCTION The veteran served on active duty from February 1946 to January 1949, and from September 1950 to April 1972. This matter came before the Board of Veterans' Appeals (Board) on an appeal from the April 1990 rating decision of the Department of Veterans Affairs (VA) Los Angeles, California, Regional Office (RO) which confirmed the prior denial of special monthly compensation on account of loss of use of a creative organ, and confirmed and continued the prior ratings for service-connected cirrhosis of the liver, diabetes, nephrosclerosis, gout, hiatal hernia and hemorrhoids. The veteran filed a notice of disagreement in August 1990 and he was furnished a statement of the case in October 1990. He filed a substantive appeal in December 1990. The Board remanded the case in February 1992. By rating decision of June 1992, the RO denied service connection for peripheral vascular disease and hypothyroidism secondary to service-connected diabetes mellitus; and denied special monthly compensation on account of need for regular aid and attendance. The veteran has not filed a notice of disagreement from that denial and these issues are not in appellate status. By rating decision of January 1993, the RO assigned a temporary 100 percent evaluation during hospitalization for status postoperative umbilical hernia from March 18, 1992, to May 1, 1992. The veteran is represented in his appeal by the Disabled American Veterans which has submitted written argument in his behalf. REMAND In paragraph 3 of the February 1992 remand, the Board instructed the RO to have the veteran undergo medical examinations to evaluate various disabilities. The file shows that the veteran failed to report for the scheduled examinations on February 17, 1994. However, the file shows that, through May 1994, the veteran's address of record was Post Office Box 4563, Orange, California 92613. In correspondence received in early 1994, the veteran advised that his new address was Post Office Box 14346, Phoenix, Arizona 85063. Accordingly, it is possible that the veteran did not receive the original notification to report for examination. The Board believes that another attempt should be made to schedule the veteran for such examination since the failure to report may not have been the veteran's fault. Accordingly, appellate action is again deferred and the case is REMANDED for the following action: 1. The RO should ask the veteran whether he is currently receiving medical treatment for his service-connected disabilities and, if so, from which facilities. Any records of treatment should then be obtained by the RO and associated with the claims file. 2. The RO should schedule the veteran for examinations in accordance with paragraph 3 of the Board's February 1992 remand. After these actions have been completed, the case should again be reviewed by the RO on the basis of the additional evidence obtained. If adverse actions continue, both the veteran and his representative should be furnished a supplemental statement of the case and be given an opportunity to respond thereto. The Board intimates no opinion at this time nor is any action required of the veteran until he is notified. G. H. SHUFELT 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).