BVA9507194 DOCKET NO. 93-14 381 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had almost continuous active naval service from February 1956 to March 1979. The veteran died in March 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of November 1992 by the Department of Veterans Affairs (VA) St. Petersburg, Florida, Regional Office (RO). REMAND In response to the RO's request for the veteran's service medical records, the National Personnel Records Center (NPRC) indicated that none of the veteran's health records were available. Subsequent to the appellant's claim being certified to the Board, additional documents were associated with the claims file. Included among these documents were copies of some of the veteran's service medical records which had not been previously supplied by the appellant. This indicates that the appellant may not have submitted to the RO all of the records in her possession that may be relevant to her current appeal. Such records may include not only the veteran's service medical records, but also reports of his hospitalization at Memorial Hospital in 1992. Regardless of whether the appellant currently has additional records relevant to her claim in her possession, the Board notes that she has not waived her procedural right to have the evidence that was associated with the claims file subsequent to the certification of her appeal reviewed by the RO. See 38 C.F.R. § 20.1304(c) (1994). Therefore, in order to give the appellant 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 appellant, through her representative, and ask her to submit all of the veteran's service medical records as well as private medical records in her possession. All documents obtained should be associated with the claims file. 2. After the development in the above paragraph has been completed to the extent possible, the RO should consider all of the evidence that has been associated with the claims file since the certification of the appeal to the Board. If the determination remains adverse to the appellant, 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 appellant until she is notified. JACQUELINE E. MONROE 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).