Citation Nr: 0007303 Decision Date: 03/17/00 Archive Date: 03/23/00 DOCKET NO. 98-17 594 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for diabetes mellitus, to include as due to nicotine dependence in service. 2. Entitlement to service connection for hypertension, to include as due to nicotine dependence in service. 3. Entitlement to service connection for asthma, to include as due to nicotine dependence in service. 4. Entitlement to service connection for bronchitis, to include as due to nicotine dependence in service. 5. Entitlement to service connection for emphysema, to include as due to nicotine dependence in service. 6. Entitlement to service connection for sinusitis, to include as due to nicotine dependence in service. 7. Entitlement to service connection for tinnitus, to include as due to nicotine dependence in service. 8. Entitlement to service connection for sleep apnea, to include as due to nicotine dependence in service. 9. Entitlement to service connection for heart disease, to include as due to nicotine dependence in service. 10. Entitlement to service connection for ulcers, to include as due to nicotine dependence in service. 11. Entitlement to service connection for gastroesophageal reflux disease (GERD), to include as due to nicotine dependence in service. 12. Entitlement to service connection for gout, to include as due to nicotine dependence in service. 13. Entitlement to service connection for arthritis, to include as due to nicotine dependence in service. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD A. C. Mackenzie, Associate Counsel INTRODUCTION The veteran had verified military service from November 1958 to October 1962. The veteran has also reported that he had Reserve or National Guard service from 1962 to 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 1998 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. In his June 1998 Notice of Disagreement, the veteran stated that he sought a personal hearing in conjunction with this appeal. However, in his Substantive Appeal, received by the RO in October 1998, the veteran indicated that he did not want a hearing, and a February 1999 Report of Contact reflects that his representative confirmed in November 1998 that he did not want a hearing. The hearing request is therefore deemed withdrawn. REMAND In a February 1998 statement, the appellant reported treatment at the Allen Park (Detroit) VA Medical Center (VAMC) and the Ann Arbor, Michigan VAMC for all of the disabilities listed above, except for hypertension and diabetes mellitus, and he indicated that he had been "disabled" since 1970. It is unclear from this statement as to whether the veteran has been treated at a VA facility since 1970. While the veteran submitted several VA treatment records from 1992 and 1996 with his original claim, the record does not reflect that the RO has attempted to retrieve the entire body of VA treatment records perhaps dated as early as 1970. Also, as the 1996 VA treatment records reflect treatment for hypertension and diabetes mellitus, the Board finds that adjudication of the claims for service connection for those disabilities should be deferred until the noted VA treatment records, if available, are obtained. See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). Additionally, while the veteran's DD Form 214 reflects active military service from November 1958 to October 1962, his service medical records include medical reports from as late as 1965. It appears that the veteran may have been in the Reserves or National Guard at this time as in his original application, he indicated that he had such service from 1962 to 1966. The RO should ensure that all relevant service dates are verified. Therefore, in order to fully and fairly adjudicate the veteran's claims, this case is REMANDED to the RO for the following action: 1. The RO should contact the veteran and request that he provide information concerning the dates of treatment at any VA facility since 1970. Upon receipt of that information, the RO should attempt to obtain such records. Specific requests for records of treatment of the veteran beginning in 1970 should be made to the Allen Park VAMC and the Ann Arbor VAMC. All records received from these facilities should be added to the veteran's claims file. If no records are available, documentation to that effect should be added to the claims file, if possible. 2. The RO should also contact the appropriate service department source and request verification of the veteran's military service subsequent to October 1962 including any periods of active duty or active duty for training. 3. Then, the RO should readjudicate the veteran's claims for service connection for diabetes mellitus, hypertension, asthma, bronchitis, emphysema, sinusitis, tinnitus, sleep apnea, heart disease, ulcers, GERD, gout, and arthritis, all to include as due to nicotine dependence in service. If the determination of any of these claims remains unfavorable to the veteran, he and his representative should be furnished with a Supplemental Statement of the Case and given an opportunity to respond before the case is returned to the Board. The purpose of this REMAND is to obtain additional development and adjudication, and the Board intimates no opinion, either factual or legal, as to the ultimate outcome of this case. The veteran has the right to submit additional evidence and argument on this matter. See generally Kutscherousky v. West, 12 Vet. App. 369 (1999). However, no action is required of the veteran until he is so notified by the RO. S. L. KENNEDY Member, Board of Veterans' Appeals 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) (1999).