BVA9504365 DOCKET NO. 93-25 011 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to service connection for lupus erythematosus. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD S. P. Candelmo, Associate Counsel REMAND The veteran had certified active military service from October 1991 to November 1992. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a March 1993 rating decision of the Columbia, South Carolina Regional Office (hereinafter "the RO") which denied service connection for lupus erythematosus. The American Legion has represented the veteran throughout this appeal. The veteran asserts on appeal that the RO erred in denying service connection for lupus erythematosus as the claimed disability was incurred during service. In review of the record, the Board observes that the veteran's Certificate of Release or Discharge from Active Duty (Form DD-214) relates that he had prior active service totaling three months and seven days. A March 1992 medical evaluation board report conveys that the veteran reported having developed facial swelling and an erythematous rash in a malar distribution, with fever and oral lesions while undergoing summer active duty for training in 1991. At the September 1993 hearing on appeal, the accredited representative stated that the veteran served in the South Carolina National Guard from 1989 to 1991. The veteran testified before the hearing officer that symptoms resembling those associated with lupus first appeared during basic training in 1989 at Fort Sill, Oklahoma. He further stated that he received treatment for similar symptoms during his subsequent periods of active duty for training at Fort Bragg, North Carolina and Fort Stewart, Georgia. The Board notes that the veteran's active duty for training has not been certified. Service medical records associated with such active duty for training have neither been requested nor incorporated into the record. The United States Court of Veterans Appeals (hereinafter "the Court") has held where evidence in support of the claim may be in the veteran's service record or other governmental records, the Department of Veterans Affairs (hereinafter "VA") has the duty to obtain such records in order to fully develop the facts relevant to the claim. Murphy v. Derwinski, 1 Vet.App. 78, 82 (1991). In light of the VA's duty to assist the veteran in the proper development of his claim as mandated by the provisions of 38 U.S.C.A. § 5107(b) (West 1991) and as interpreted by the Court in Murphy and Littke v. Derwinski, 1 Vet.App. 90, 92-93 (1990), this case is REMANDED for the following action: The RO should contact the National Personnel Records Center and/or the appropriate service entity and request that it (1) verify the veteran's period(s) of active duty for training with the South Carolina National Guard, and (2) forward all available service medical records for incorporation into the record. When the requested action has been completed, and if his claim continues to be denied, the RO should afford the veteran a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. JEFF MARTIN 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 is appealable to the Court. 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) (1993).