BVA9507189 DOCKET NO. 93-07 451 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas THE ISSUES 1. Entitlement to an increased rating for the placement of a pacemaker with hypertension, currently evaluated as 30 percent disabling. 2. Entitlement to a temporary total evaluation based on the need for convalescence following surgery in January 1991 for the replacement of the generator of the pacemaker. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel REMAND The veteran had active duty from February 1960 to February 1963, from April 1963 to July 1966, and from October 1966 to August 1980. This appeal arises from a September 1991 rating decision by the RO. The veteran was hospitalized at an United States Air Force Hospital in January 1991 for the replacement of the generator of his pacemaker. He maintains that this shows that his heart disease is worse than the current evaluation indicates. He states that he receives treatment at the Wilford Hall United States Air Force Medical Center, Lackland Air Force Base, Texas. The veteran was last afforded a VA cardiovascular examination in April 1989, which is prior to the current claim, as well as hospitalization and treatment for the service-connected disability. Further, the veteran has not been provided with the rating criteria for the diagnostic codes under which his disability has been rated. 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: 1. The RO should take appropriate steps to secure copies of all of the veteran's outpatient treatment records at Wilford Hall from February 1992 to the present. When the copies of the records are received they should be associated with the claims folder. 2. The veteran should be afforded a VA cardiovascular examination to determine the current severity of his service connected heart disease. All indicated studies in this regard should be accomplished. The claims folder should be made available to the examiner for review before the examination. 3. After the development requested above has been completed, the RO should again review the record. If any benefits sought on appeal remain denied, the appellant and representative should be furnished a supplemental statement of the case, to include citation to appropriate provisions of the diagnostic criteria under which the disability is rated, and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. BARBARA B. COPELAND 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) (1993).