BVA9501430 DOCKET NO. 93-04 324 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to an increased rating for paroxysmal atrial fibrillation, currently rated as 10 percent disabling. ATTORNEY FOR THE BOARD Michael P. Vander Meer, Associate Counsel INTRODUCTION The veteran retired from service in January 1972, after having served on active duty for a period in excess of 21 years. This case is before the Board of Veterans' Appeals (Board) on appeal from an August 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. The appeal was received at the Board in February 1993 and docketed at the Board in March 1993. REMAND Based on the report of an August 1972 VA examination, which reflected diagnoses of chronic anxiety reaction and a history of paroxysmal atrial fibrillation, a rating decision entered in October 1972 granted service connection for anxiety reaction, manifested by multiple psychosomatic complaints associated with paroxysmal atrial fibrillation, evaluated as 30 percent disabling. On an August 1977 VA examination the veteran indicated he no longer experienced fibrillation, and a rating decision entered in September 1977 reduced the veteran's evaluation for anxiety reaction to 10 percent disabling. On VA examination in June 1992, performed in conjunction with the veteran's current claim, the veteran alluded to cardiac "attacks" which were unrelated to stress or anxiety; the diagnosis was supraventricular tachycardia. A rating decision entered in August 1992, from which the current appeal ensued, assigned a separate 10 percent evaluation for paroxysmal atrial fibrillation under Diagnostic Code 7099-7012 (1993), and continued the 10 percent rating for anxiety reaction. When seen for outpatient treatment at a military facility in February 1993, at which time the veteran complained of experiencing a recent atrial tachycardia attack as well as occasional episodes of atrial fibrillation, the diagnosis was paroxysmal supraventricular tachyarrhythmias. Inasmuch as it is unclear whether the veteran currently has supraventricular tachycardia, as diagnosed on VA examination in June 1992, and, if so, the etiology thereof, the Board is of the opinion that a VA examination, as specified in greater detail below, should be performed before an appellate determination is made. Moreover, the RO has not had an opportunity to review the 1993 clinical evidence. Accordingly, the case is REMANDED for the following: 1. The RO should contact the veteran and request him to identify the names, addresses, and approximate dates of treatment for any health care provider(s), to include Andre Andresian, M.D., as well as any VA medical facility other than the VA Medical Center in Tucson, Arizona, who may possess records pertinent to his claim in addition to those which have previously been submitted. Thereafter, in light of the response received and after obtaining any necessary authorization, the RO should take appropriate action to obtain copies of any clinical records indicated. In any event, the RO should obtain copies of all clinical records reflecting treatment rendered the veteran since February 1993 at Davis-Monthan Air Force Base. 2. Thereafter, the RO should arrange for the veteran to undergo a VA examination by a board certified cardiologist, if available, to ascertain the nature and extent of any cardiac abnormality. If the veteran is found to have supraventricular tachycardia, the examiner is further requested, after reviewing the entire record, to offer an opinion whether it is at least as likely as not that such disorder is related to and/or is a manifestation of the veteran's service- connected disability picture. Any special diagnostic studies deemed necessary should be performed. It is imperative that a copy of this REMAND be provided to the examiner, and the claims folder must be made available to the examiner for review prior to the examination. The rationale for all opinions expressed should be fully explained. 3. Then, after undertaking any development deemed necessary in addition to that specified above, and in consideration of the entire record, the RO should readjudicate the issue on appeal to include, if warranted, evaluating tachycardia under the appropriate Diagnostic Code. If tachycardia is present but not felt to be service connected, the veteran should be notified and told of his appellate rights. Should he exercise these, the RO should respond accordingly. 4. If the benefit sought on appeal is not granted to the veteran's satisfaction, he should be provided a complete Supplemental Statement of the Case on all issues in appellate status, and given the opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to the ultimate outcome warranted. No action is required of the veteran until he is notified. 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) (1993).