BVA9502807 DOCKET NO. 93-12 125 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUE Entitlement to service connection for narcolepsy. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran had periods of oceangoing service with the Merchant Marines between April 1943 to August 1945. This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Portland, Oregon. REMAND A review of the evidence of record discloses that in December 1980 the veteran was seen by Melvin Cole, M.D., for excessive sleepiness. Notation was made that he had been on medication for it since 1961. Notation was also made that symptoms had begun in early childhood. In his substantive appeal, the veteran stated that with regard to the notation of symptoms beginning in childhood, he could only remember one time before the military when he had symptoms of narcolepsy and that came during high school when he fell asleep one day in class. He reports having had problems while in service because of his constantly falling asleep, including a time when he lost a month of pay because he fell asleep at the wheel of the ship. No records of medical treatment during the veteran's World War II periods of service or personnel records have been obtained. The veteran did not respond to a January 1992 development letter sent to him by the RO seeking more information in the development of his claim. Although the veteran stated on his compensation claim that he did not receive pertinent treatment while serving in the Merchant Marines, his representative points out there is no documentation in the file to indicate that the RO actually made a request for the veteran's medical records or personnel records. Any such records, such as from the United States Public Health Service, would be in possession of the government and might assist the veteran in establishing his claim. The representative has requested further efforts to obtain such records. In light of the foregoing. the Board is persuaded that additional development is warranted before a final decision is reached. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should contact the appropriate sources and request any personnel records and medical records pertaining to the veteran's periods of oceangoing service with the Merchant Marines between 1943 and 1945. Any information obtained is to be associated with the claims folder and all efforts to obtain such records and response(s) thereto should be preserved in the claims folder. 2. Following this development, the RO should consider whether any further action is warranted, including any further development for continuity or an examination. If such action is indicated, the veteran and his representative should be informed that the veteran's cooperation is vitally important to a resolution of his claim and that his failure to cooperate may have adverse consequences. 3. Upon completion of the above, the RO should review the case and assure that all indicated actions are completed. If the benefit sought is not granted to the veteran's satisfaction, he and his representative should be provided with a supplemental statement of the case. After the veteran and his representative have been given the applicable period of time in which to respond, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the veteran until he receives further notice. The purpose of this REMAND is to obtain additional information. The Board does not intimate any factual or legal conclusions as to the ultimate outcome warranted in this appeal. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).