BVA9505967 DOCKET NO. 93-06 968 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Francisco, California THE ISSUE Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for cardiovascular disability. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Nancy S. Kettelle, Counsel INTRODUCTION The veteran served on active duty from December 1944 to July 1946 and from February 1951 to April 1952. This matter came to the Board of Veterans' Appeals (Board) on appeal from an April 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Francisco, California. The RO found that no new and material evidence had been submitted to reopen the claim of service connection for heart disease, denied by the Board in May 1991. In March 1993 the veteran testified at the RO before the Board member signing below. REMAND The veteran is seeking service connection for cardiovascular disability and contends that a heart disability which pre-existed service was aggravated during his second period of service. In conjunction with his attempt to reopen his claim, the veteran has stated that he has received treatment for his heart disability at Kaiser Permanente Medical Group since 1964. He indicated that he believed complete records from this source had been made part of his claims file. The only such records currently in the veteran's claims file are outpatient records dated in 1975. Complete records from 1964 could be pertinent to the veteran's claim and should be obtained. See Ivey v. Derwinski, 2 Vet.App. 320 (1992). Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses and approximate dates of treatment for all health care providers from whom he has received evaluation or treatment for his claimed cardiovascular disability at any time since service. With any necessary authorization from the veteran, the RO should attempt to obtain and associate with the claims file copies of identified medical records that have not been secured previously, to include copies of complete records from Kaiser Permanente Medical Group dated from 1964 to the present. 2. The RO should also provide the veteran the opportunity to submit any additional evidence or argument he believes will support his claim. 3. Thereafter, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the issue of whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for cardiovascular disability. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a Supplemental Statement of the Case, and the veteran and his representative should be provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if otherwise 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 otherwise notified by the RO. J. J. SCHULE Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).