BVA9507273 DOCKET NO. 93-12 151 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to service connection for vertigo. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active naval service from August 1975 to August 1979 and from October 1980 to September 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of February 1991 by the Department of Veterans Affairs (VA) Seattle, Washington, Regional Office (RO). The veteran's records were subsequently transferred to the Denver, Colorado, and then to the Portland, Oregon, RO. REMAND The service medical records reveal that the veteran was diagnosed with vertigo in August 1982. During her May 1992 personal hearing, the veteran testified that she was treated for vertigo on a number of occasions, both during service as well as following her separation from service. Although the veteran has provided the names of most of the facilities at which she has sought treatment for vertigo, the RO has only attempted to obtain her records from the U.S. Naval Hospital in Bremerton, Washington. Although no records pertaining to the veteran were found at that facility, the veteran indicated that her records had been filed under her husband's name and Social Security number. During her personal hearing, the veteran also noted that she had received treatment for vertigo from a physician in Rochester, New York. At that time, however, the veteran was unable to provide the doctor's name or address. Lastly, the report of an August 1992 VA examination suggests that the veteran's claims file had not been made available to the examining physician prior to or during the examination. The Board notes that the duty to assist requires the conduction of a thorough and contemporaneous medical examination that takes into account prior medical treatment records so that the evaluation of the claimed disability will be a fully informed one. See Green v. Derwinski, 1 Vet.App. 121, 124 (1991). Therefore, in order to give the veteran every consideration with respect to the present appeal, it is the Board's opinion that further development of the case is warranted. Accordingly, this case is REMANDED for the following actions: 1. The RO should contact the veteran, through her representative, and ask her to provide additional information regarding the treatment that she received for vertigo in Rochester, New York. This information should include treatment dates, the name of the treating professional, and the address of the place of treatment. Once this information and the necessary authorization have been obtained, the RO should obtain and associate with the claims file all medical records pertaining to the veteran. 2. The RO should contact the U.S. Naval Hospital in Bethesda, Maryland, as well as the Patuxent River Naval Air Test Center in Maryland in order to obtain copies of all medical records pertaining to the veteran. All records obtained should be associated with the veteran's claims file. 3. The RO should contact the U.S. Naval Hospital in Bremerton, Washington, in order to obtain copies of all medical records pertaining to the veteran. The RO should provide the hospital with the veteran's husband's name ([redacted]) and Social Security number ([redacted]) in order to aid in the search for the veteran's records. All records obtained should be associated with the veteran's claims file. 4. The RO should contact the Pacific Medical Center in order to obtain copies of all of the veteran's medical records. If the RO is unfamiliar with the address of the Pacific Medical Center, the veteran should be contacted, through her representative, and asked to provide any pertinent information that is required. All records obtained should be associated with the veteran's claims file. 5. After the above development has been completed to the extent possible, the veteran should be afforded a special ears, nose, and throat examination in order to ascertain the nature and severity of her vertigo or related disorder, if present. All tests deemed necessary by the examiner should be conducted. If vertigo or a related disorder is found, the examiner should render an opinion as to the etiology of the disorder. The claims file or copies of all relevant records contained therein must be made available to the examiner prior to and during the examination for a complete study of the case. After completion of the requested development, the case should be reviewed by the RO. If the determination remains adverse to the veteran, the case should be returned to the Board after compliance with the provisions for processing appeals, including the issuance of a supplemental statement of the case and provision of the applicable time period for response thereto. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. No action is required of the veteran until she is notified. WARREN W. RICE, JR. 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).