BVA9507971 DOCKET NO. 93-14 065 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to an increased evaluation for rheumatic heart disease, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD A. K. Mulroy, Associate Counsel REMAND The veteran had active duty from November 1968 to November 1971. The veteran contends that his current heart symptomatology and disability are due to his rheumatic heart disease, and warrants an evaluation greater than 10 percent. Specifically, he maintains that his current diagnosis of coronary artery disease, myocardial infarction, and hypertension may not be dissociated from his service-connected rheumatic heart disease, and should be considered in the assignment of a disability evaluation for rheumatic heart disease. In reviewing the record the Board notes that although the veteran was diagnosed with rheumatic heart disease soon after service, the diagnosis has not been confirmed since that time. However, he has subsequently developed coronary artery disease and hypertension, and has experienced a myocardial infarction. The coronary artery disease and myocardial infarction have been diagnosed since his last VA examination dated in January 1992. The Board notes that, as pointed out by the veteran's representative, VA regulations state that subsequent progress of rheumatic heart disease and the effect of superimposed arteriosclerotic heart disease or hypertensive changes cannot usually be satisfactorily disassociated or separated so as to permit differential service connection. 38 C.F.R. § 4.101 (1994). The Board notes that while such differentiation may be difficult, it is not forbidden or impossible, particularly in this instance, where the issue is not service connection but an increased evaluation for rheumatic heart disease. However, there is no medical opinion in the file addressing whether the veteran's recent heart symptomatology could be clinically dissociated from his service-connected rheumatic heart disorder. Such a medical conclusion is beyond the scope of the Board. Additionally, it is noted that the veteran's recent heart symptomatology developed subsequent to the latest VA examination. Therefore, the Board concludes that an additional VA examination, with an opinion by the examiner, would be helpful in evaluating the veteran's current service-connected disability status. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: The veteran should be afforded a VA cardiovascular examination in order to determine the current degree and extent of his rheumatic heart disease. The claims folder should be made available to the examiner for review prior to the examination. Following the examination and a thorough review of the claims folder, the examiner is requested to offer an opinion as to whether the veteran ever had rheumatic heart disease; and whether the veteran's hypertension, coronary artery disease, and myocardial infarction may be clinically dissociated from the service-connected rheumatic heart disease. If so, the examiner is requested to attempt to differentiate between disability due to residual symptomatology associated with rheumatic heart disease, and disability due to the symptomatology associated with the other disorders. When the above development has been completed, the case should again be reviewed by the originating agency. If the decision remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and afforded a reasonable period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain clarifying information and the Board intimates no opinion as to the ultimate outcome of this case. U. R. POWELL 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).