BVA9500896 DOCKET NO. 90-43 627 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: AMVETS ATTORNEY FOR THE BOARD R. A. Caffery, Counsel INTRODUCTION The veteran served on active duty from September 1952 to May 1982. He died in March 1990. This is on appeal from an April 1990 rating action by the Department of Veterans Affairs (VA) Regional Office Seattle, Washington, which denied entitlement to service connection for the cause of the veteran's death. The case was previously before the Board of Veterans' Appeals (Board) in December 1991 and November 1993 when it was remanded for further development. The case is again before the Board for further appellate review. REMAND As indicated in the November 1993 remand by the Board, the appellant indicated in June 1992 that after the veteran's retirement from service, he had immediately applied for work in a Civil Service position. She indicated that at that time he had a physical examination and it had been determined that he had a heart problem. It was further noted that the regional office had later contacted the United States Postal Service and had been provided a copy of the veteran's official personnel folder reflecting personnel and medical records pertaining to the veteran's employment as a laundry worker at Fort Lewis, Washington, beginning in March 1984 but that there were no records pertaining to his employment with the Postal Service. The personnel records indicated that the veteran had been employed by the Postal Service during December 1983 and February 1984 in Tacoma, Washington. The Board requested that the regional office make another attempt to obtain any personnel and medical records pertaining to the veteran's employment with the United States Postal Service during December 1983 and February 1984 in Tacoma, Washington, and any records of examinations conducted in conjunction with earlier applications for postal employment. In January 1994 the regional office wrote to the United States Postal Service headquarters and requested any medical records pertaining to the veteran's Civil Service employment. However, no response was received. The Board recognizes that the regional office has made extensive efforts to obtain the full civil service medical records. However, the absence of any response from the Postal Service makes the record incomplete. In addition, the Board notes that in a February 1992 statement, the appellant reported that the veteran had received medical treatment only at Madigan Army Medical Center and the American Lake VA Medical Center. However, the 1992 VA request to Madigan Army Medical Center requested only the treatment records of the veteran's terminal hospitalization and autopsy report. There is no indication that VA treatment records were requested. On the basis of the foregoing matters and in order to afford the appellant every consideration, the case is again REMANDED for the following action: 1. The regional office should again contact the United States Postal Service and ask that that agency provide copies of any personnel and medical records pertaining to the veteran's employment with the United States Postal Service during the period from December 1983 to February 1984 in Tacoma, Washington, and any records of examinations conducted in conjunction with earlier applications for postal employment. Any such records obtained should be included with the claims file. 2. The regional office should take the necessary steps to obtain copies of all records of medical examination and treatment of the veteran in his military retired status at Madigan Army Medical Center since May 1982, and copies of all records of examination and treatment of the veteran at VA medical facilities since May 1982. 3. The appellant's claim should then be reviewed by the regional office. If the denial is continued the appellant and her representative should be sent a supplemental statement of the case and be afforded the appropriate time in which to respond. When the above action has been completed the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the appellant unless she receives further notice. This REMAND is for the purpose of obtaining clarifying information. The Board intimates no opinion as to the disposition warranted in this case pending completion of the requested action. JAMES R. ANTHONY 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).