BVA9501270 DOCKET NO. 93-08 328 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Washington, DC THE ISSUES 1. Entitlement to an increased disability evaluation for osteoarthritis of the cervical and lumbar spine and of the fingers of the left hand, currently evaluated as 10 percent disabling. 2. Entitlement to a compensable disability evaluation for a post-operative scar of the forehead. 3. Entitlement to a compensable disability evaluation for residual laceration of the occipital area. 4. Entitlement to a compensable disability evaluation for a tonsillectomy scar. 5. Entitlement to a compensable disability evaluation for hemorrhoids. 6. Entitlement to a compensable disability evaluation for benign prostatic hypertrophy. ATTORNEY FOR THE BOARD Theresa M. Catino, Associate Counsel INTRODUCTION The issue of entitlement to service connection for atypical carcinoid tumor has been certified to be in appellate status. Service connection for that disorder was denied by the regional office in a rating decision, dated May 11, 1992. The veteran was notified of this adverse determination by letters dated May 22, 1992, and June 2, 1992. A supplemental statement of the case including the matter of service connection for atypical carcinoid tumor was sent to him in July 1992. The veteran has not submitted a notice of disagreement with respect to this issue. Accordingly, notwithstanding the certification of appeal, dated March 11, 1993, this matter is not in appellate status. REMAND The veteran retired in August 1964 after more than 23 years of active service. Although he had extensive military service prior to April 1953, there do not appear to be any service medical records before 1953 in the claims folder. With regard to the veteran's claims of entitlement to increased ratings for his various service-connected disabilities, the Board notes that he has not submitted any records of outpatient or inpatient treatment received for these disorders. In addition, the veteran has not been accorded a Department of Veterans Affairs (VA) examination regarding these disabilities. Consequently, there is no medical evidence contained in the claims file which discusses the current nature and extent of the veteran's service-connected disabilities. There is a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1991). This duty to assist includes the duty to develop facts when the record before the Board is clearly inadequate. EF v. Derwinski, 1 Vet.App. 324 (1991); Littke v. Derwinski, 1 Vet.App. 90 (1990). The development of facts includes a "thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one." Green v. Derwinski, 1 Vet.App. 121, 124 (1991). The Board concludes that further assistance to the veteran is required. Accordingly, the case is REMANDED for the following action: 1. The regional office should ask the National Personnel Records Center to conduct a special search for any additional service medical records that may be on file for the veteran. Any available records should be associated with the claims folder. 2. The veteran should also be contacted and requested to furnish a complete list of all medical personnel and facilities from which he has received treatment for his service-connected disabilities since 1989. After obtaining the appropriate releases from the veteran where necessary, the health care providers should be requested to provide copies of all treatment records in their possession pertaining to the veteran. 3. Thereafter, the veteran should be afforded appropriate VA medical examination for his service-connected disabilities. The report(s) of examination should include a detailed account of all manifestations of the service-connected disabilities found to be present. All necessary and medically appropriate tests should be conducted. The examination(s) should be accomplished in accordance with the procedures outlined in the VA Physicians Guide for Disability Evaluation Examinations. 4. After undertaking any further development deemed necessary, the regional office should readjudicate the issues on appeal. Following completion of these actions, and, if the decision remains unfavorable, the veteran should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, the appeal, in accordance with current appellate procedures, should be returned to the Board for completion of appellate review. The purpose of this REMAND is to obtain clarifying evidence and insure due process. JOHN E. ORMOND 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).