BVA9502077 DOCKET NO. 93-09 850 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for chronic bronchitis with emphysema, currently evaluated as 60 percent disabling. 2. Entitlement to a total rating for compensation purposes based upon individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Robert P. Regan, Counsel REMAND The appellant had active service from August 1942 to February 1946. The Board of Veterans' Appeals (Board) is of the opinion that a contemporaneous and thorough Department of Veterans Affairs (VA) examination would be of assistance in rendering a determination in this case. In particular, the Board notes that the appellant was hospitalized and has been treated for his service-connected pulmonary disability since last being examined for compensation purposes. In accordance with the statutory duty to assist the appellant in the development of evidence pertinent to his claim, the case is REMANDED for the following actions: 1. The regional office (RO) should obtain any additional medical records from the VA medical facility located in Tuskegee, Alabama, subsequent to April 14, 1992. 2. A VA examination should be conducted by a specialist in pulmonary disorders in order to determine the nature and severity of the service-connected chronic bronchitis with emphysema. Pulmonary function testing and any other studies deemed necessary should be performed and the examiner should comment on the degree of impairment with respect to the veteran's industrial capacity. The claims folder should be made available to the examiner in conjunction with the examination. Thereafter the case should be reviewed by the RO. If the benefits sought are 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. 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 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).