BVA9507824 DOCKET NO. 93-14 160 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an increased evaluation for a seizure disorder, currently evaluated as 60 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The veteran had active military service from March 1981 to April 1983. REMAND A review of the file demonstrates that there have been no treatment records showing the frequency and severity of the veteran's seizure disorder associated with the veteran's claims folder since December 1991. After the veteran reported increased frequency of seizures, the regional office (RO) conducted a field survey in March 1993, but did not obtain the veteran's outpatient treatment records for the period from December 1991 to March 1993. The Board is of the opinion that obtaining all VA and private treatment records subsequent to December 1991 would be beneficial in reaching a decision in this matter. The Board further notes that at the time of the veteran's May 1992 VA examination, the examiner made reference to a December 1991 rating examination. It does not appear that the report of this rating examination has been associated with the claims file. Associating the results of this examination with the claims file would also be beneficial in reaching a determination. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should request that the veteran supply the names, dates, and places, of any individuals or treatment facilities that have treated him for any seizure disorder since December 1991. After having received proper authorization from the veteran, the RO should obtain copies of any records not already included in the claims file and associate them with the claims file. 2. The RO should also obtain copies of all treatment records of the veteran from the Nashville, TN, VA Medical Center since December 1991 and associate them with the claims file. 3. The RO should also obtain a copy of the December 1991 VA rating examination referred to by the examiner at the time of the veteran's May 1992 VA examination and associate it with the claims folder. After the completion of the above requested development, the RO should review the appellant's claim with regard to the additional evidence obtained. If the benefit sought on appeal remains denied, the appellant and his representative should be given a supplemental statement of the case with regard to the additional development and should also be afforded an opportunity to respond. The record should be returned to the Board for further appellate consideration, if in order. By this REMAND, the Board intimates no opinion as to the final outcome warranted. No action is required of the veteran until he is contacted by the RO. WILLIAM J. REDDY 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).