BVA9500168 DOCKET NO. 93-05 864 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Des Moines, Iowa THE ISSUES 1. Entitlement to service connection for the residuals of malaria. 2. Entitlement to service connection for a chronic disease of the auditory canal. 3. Entitlement to service connection for the residuals of an injury to the right forefinger. 4. Entitlement to service connection for residual scars of the face and arms. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and his spouse INTRODUCTION The veteran had active military service from February 1941 to November 1945. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) of Des Moines, Iowa. REMAND The VA has a duty to assist a veteran in developing facts pertinent to a potentially well grounded claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 (1993). That duty includes obtaining medical records and medical examinations where indicated by the facts and circumstances of an individual case. See Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). It is unclear, based on the development thus far, whether this claim is well grounded within the meaning of the law. Further development must be initially undertaken in order to make an informed judgment on that point. The veteran has contended that the disabilities at issue were incurred in service. Attempts to locate his service medical records have been unsuccessful. Those records were apparently destroyed in the accidental fire at the National Personnel Records center in 1973. Attempts to locate records of the U.S. Army Office of the Surgeon General (SGO) and from the Lutheran Hospital have likewise been unsuccessful. It has also been reported that there are no records available from the private physician who treated the veteran right after service. The claims folder appears to be a rebuilt folder, with no medical information contained therein prior to 1991. The veteran has received recent treatment at VA facilities, but it is not clear when this treatment started. A determination should be made as to whether there was treatment by the VA prior to 1991, and if so, those records should be requested. Additionally, the veteran has not had a comprehensive physical examination to ascertain whether there are any identifiable residuals for which service connection could be granted. In view of the foregoing, this case is REMANDED for the following actions: 1. The RO should ascertain from the veteran when he first sought treatment at VA facilities. If it was before 1991, those records should be requested. Additionally, the veteran should be requested to provide the names of any private health care providers from whom he has received treatment since service--to include whether his employer after service may have had physical examinations conducted. Appropriate release of information forms should be requested, and the RO should attempt to obtain copies of any records to which reference is made. 2. Thereafter the veteran should be scheduled for a comprehensive VA examination, to include a determination of whether there are any residuals of malaria, an injury of the right forefinger, and scars on the face and arms identified. It should also be determined whether the veteran has signs of a chronic or continuing infection of either auditory canal. All indicated tests should be performed and all clinical findings should be reported in detail. The claims folder should be made available to the examiner for review prior to the examination. When the aforementioned development has been accomplished the case should be reviewed by the RO. In the event the benefits sought are not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until he is notified. MICHAEL D. LYON 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).