BVA9505765 DOCKET NO. 93-15 220 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUE Entitlement to service connection for pulmonary tuberculosis. ATTORNEY FOR THE BOARD Richard E. Coppola, Associate Counsel INTRODUCTION The veteran had verified active military service with the New Philippine Scouts from May 1946 to March 1949. There is some indication in the claims folder that he may have had previous guerrilla service from January 1943 to February 1946. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision of June 1992 from the Manila, Philippines, Department of Veterans Affairs (VA) Regional Office (RO), which denied entitlement to service connection for pulmonary tuberculosis. The RO also denied service connection for scabies, pulmonary emphysema, bronchitis, cataract, senile keratosis, ichthyosis vulgaris and myopia. The RO notified the veteran of these determinations by letter dated June 29, 1992. The veteran submitted a notice of disagreement in July 1992, but did not specify which denials he intended for appeal. In November 1992, he clarified that he intended to appeal the issue of service connection for pulmonary tuberculosis. He did not appeal the remaining denials. REMAND The RO has made attempts to obtain verification of possible service from January 1943 to February 1946 and to obtain additional service medical records. A March 1993 notice from the RO indicates that no response was received to their August 1992 request. It remains unclear whether there are additional service medical records available for this veteran. The evidence includes a July 20, 1989, report of X-ray examination, X-ray "TGH G-3307," from the Talon General Hospital, Tarlac, Tarlac, which was interpreted as showing lung changes compatible with pulmonary tuberculosis, far advanced and possibly active. In April 1992, a TB board concluded that the veteran had bilateral pulmonary tuberculosis which was moderately advanced. The veteran has submitted a July 20, 1950, Certification from Teodocio S. Santos, M.D., attending physician at a Tuberculosis Clinic, stating that the veteran was hospitalized on that date and indicating that an X-ray examination, "TGH No. G-3302," was performed at that time. Dr. Santos also reported his interpretation of the X-ray examination but did not indicate any diagnosis. That statement is accompanied by a Certification from that physician's son, Teodocio B. Santos, Jr., M.D., that his office records pertaining to this appeal are true and correct. In February 1992, the RO requested the complete clinical records and chest X-ray films from Dr. T. Santos. Subsequently, the veteran responded by letter stating that Dr. T. Santos was deceased. The RO did not request this evidence from Dr. B. Santos or from the Talon General Hospital. This evidence is relevant to a determination whether the veteran had active pulmonary tuberculosis developing to a degree of 10 percent or more within three years from the date of separation from active service. The Board finds that the actions ordered below are warranted. Accordingly, the claim is REMANDED for the following actions: 1. The RO should again attempt to obtain verification for service prior to May 1946 and confirmation as to whether or not any additional service medical records exist for this veteran. 2. The RO should attempt to obtain complete clinical records created by Teodocio S. Santos, M.D., and chest X-ray films taken in July 1950, specifically "TGH No. G-3302," from Teodocio B. Santos, Jr., M.D., Tuberculosis Clinic, Tabuk Kalinga, Apayao, and the Talon General Hospital, Tarlac, Tarlac. 3. If the RO obtains the July 1950 chest X-ray film, designated as "TGH No. G-3302," this and any original clinical records of Dr. T. Santos should be provided to a VA pulmonary specialist. The physician should review this evidence and express an opinion whether the veteran had active pulmonary tuberculosis at that time, and, if so, the probable nature and severity of any manifestations of the disorder at that time. The physician should be provided the claims folder. 4. Thereafter, the RO should adjudicate the veteran's claim in light of all the evidence. If the decision remains adverse to the veteran, he should be furnished with a supplemental statement of the case which summarizes the pertinent evidence and reflects detailed reasons and bases for the decision. He should then be afforded the applicable time 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 additional information and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. GARY L. GICK 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 deter- mination. 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).