BVA9502436 DOCKET NO. 93-10 870 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to an increased evaluation for coronary artery disease, status post myocardial infarction and right coronary artery angioplasty, currently rated as 30 percent disabling. REPRESENTATION Appellant represented by: AMVETS ATTORNEY FOR THE BOARD M. Auer, Counsel REMAND The veteran served on active duty from November 1963 to August 1985. This appeal arises from a May 1992 rating decision of the Department of Veterans Affairs (VA), Jackson, Mississippi, Regional Office (RO). In his substantive appeal dated in November 1992, the veteran asserted that his heart condition was of such severity as to preclude any type of work. In support of his claim, the veteran submitted a statement from his private physician who reported that the veteran was totally disabled for any and all work. The Board believes that the issue of the veteran's entitlement to a total rating based on unemployability by reason of his service-connected disability has been raised. The veteran has not been provided with an application for increased compensation based on individual unemployability due to service-connected disability, and this matter has neither been developed nor adjudicated by the RO. The United States Court of Veterans Appeals (Court) has held that the Board must address all issues that have been reasonably raised by the record. EF v. Derwinski, 1 Vet.App. 324 (1991). Additionally, in Fisher v. Principi, 4 Vet.App. 57 (1993), the Court held that where the disability rating did not entitle the appellant to a total disability rating under 38 C.F.R. § 4.16(a), the rating board must also consider the applicability of 38 C.F.R. § 4.16(b), and that the decision (or non-decision) by the RO whether to refer a case to the Director for extra-schedular consideration under § 4.16(b) is an adjudicative decision subject to review by the Board of Veterans' Appeals (Board) and the Court. 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). Further development is necessary as it appears that other records showing treatment may be available. The Court has also held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 90, 92 (1990). The Board finds that the actions ordered below are warranted even though the development will further delay the entry of a final decision in this appeal. Accordingly, the claim is REMANDED for the following actions: 1. The veteran should identify all sources of medical treatment received for the disability at issue, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA medical source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should provide the veteran with an application for increased compensation based upon individual unemployability resulting from service-connected disability. 3. Upon completion of the foregoing development, the veteran should be afforded a VA cardiac examination. The examination should be conducted in accordance with Chapter 6 of the VA Physician's Guide for Disability Evaluation Examinations (1985). A comprehensive examination, including all necessary studies, should be performed and all findings should be reported in detail, with attention given to the veteran's history. Additionally, the examiner should offer an opinion as to the New York Heart Association Classification which most appropriately corresponds to the veteran's condition, and explain the meaning of the classification found to be applicable. The claims file must be made available to the examiner for review prior to the examination. 4. Thereafter, the RO should readjudicate the veteran's claims, including the claim that he is unemployable as the result of the service-connected heart disease. If the veteran's service-connected disabilities do not meet the schedular requirements of 38 C.F.R. § 4.16(a) for assignment of a total rating, the rating decision should reflect consideration of the applicability of 38 C.F.R. §§ 3.321(b)(1) and 4.16(b). If the decision remains adverse to the veteran in any way, he and his representative should be furnished with a supplemental statement of the case. They should be advised of the need to perfect an appeal with regard to any "new" issue which they wish to Board to consider. After the veteran and his representative have been given the applicable time in which to respond, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is 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) (1993).