BVA9501364 DOCKET NO. 93-10 112 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Sioux Falls, South Dakota THE ISSUE Entitlement to a rating in excess of 10 percent for bilateral renal calculi and bilateral renal cysts. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from June 1971 to June 1991. To ensure full compliance with duty to assist and due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for the disorder at issue since the date of claim. After securing the necessary release, the RO should attempt to obtain copies of these records. 2. The veteran should be afforded an examination by a board-certified specialist in renal disorders in order to determine the severity of bilateral renal calculi and bilateral renal cysts. The claims folder should be made available to the examiner for review before the examination. The examiner should specify whether stone formation is recurrent in nature; if it is not possible to make that assessment, the examiner should state that conclusion for the record. All indicated diagnostic tests should be performed, and a complete treatment history should be elicited. 3. The RO should consider whether separate ratings may be assigned for bilateral renal calculi and bilateral renal cysts. 4. After the development requested above has been completed to the extent possible, the RO should again review the record. The RO should consider the claim under the new diagnostic provisions pertinent to the rating of genitourinary system disabilities, which became effective February 17, 1994. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board of Veterans' Appeals (Board), if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. JOHN E. ORMOND 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).