BVA9506173 DOCKET NO. 93-13 082 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased (compensable) rating for bulbar urethral stricture, status post excision, with primary re- anastomosis. REPRESENTATION Appellant represented by: Non Commissioned Officers Association of the U.S.A. INTRODUCTION The appellant served on active duty from November 1983 to January 1990. This appeal arises from a December 1992 decision of the Department of Veterans Affairs (VA) St. Petersburg, Florida, Regional Office (RO), denying an increased (compensable) rating for bulbar urethral stricture, status post excision, with primary re-anastomosis. The veteran indicated in a May 1993 statement that he no longer wished to pursue the issue of an increased rating for a right radical orchiectomy, as he understood the basis for the rating action. Therefore, that issue will not be addressed in this decision. REMAND The veteran has requested an increased (compensable) rating for bulbar urethral stricture, status post excision, with primary re- anastomosis. He has maintained that the tender scar from the October 1992 surgery should be rated separately from the urethral stricture. In his February 1993 substantive appeal, the veteran reported that he underwent surgery in October 1992 at the Tampa VA medical center for revision of the surgical scar. He reported the procedure left him with a large tender scar. Further he was unable to control or stop the stream of urine flow, and dribbles. The veteran requested that all VA medical records from Pensacola, Biloxi and Tampa be obtained for association with the claims folder. He has not been examined since the most recent surgery. In 1994, the VA's Schedule for Rating Disabilities, Ratings of the Genitourinary System - Dysfunctions ( 38 C.F.R. § 4.115a) was amended. Those changes might possibly affect the veteran's evaluation. The VA has a duty to assist the appellant in the development of facts pertinent to the claim. 38 U.S.C.A. § 5107(a) (West 1991). Inasmuch as the veteran has not been afforded a VA medical examination since his most recent surgery, the case is remanded for the following: 1. The veteran should be invited to submit or identify any additional evidence, including private medical reports, he wishes to have considered. If he chooses to identify the evidence, he should provide sufficient detail to allow VA personnel to assist him in obtaining it. If the identified information is medical records other than the VA's, he should be requested to authorize the release of such records and furnished the necessary forms to do so. Any additional evidence the veteran wishes to have considered should be obtained and associated with the claims file. 2. The RO is to obtain copies of all VA medical records from Pensacola, Biloxi and Tampa dated since 1990 for association with the claims folder. 3. The veteran is to be afforded a VA genitourinary examination in keeping with the criteria set out in VA's Physician Guide for Disability Evaluation Examinations, Chapter 8. All indicated tests and studies are to be performed. The claims folder must be made available and reviewed by the examiner prior to examination for use in the study of the case. 4. Following completion of the development, the RO is to review the claim. If the claim remains denied, the veteran and her representative should be furnished a supplemental statement of the case. They should be afforded the appropriate period of time within which to respond thereto, at their option, as provided by governing regulation. Thereafter, if otherwise in order, the case should be returned to the Board after compliance with all requisite appellate procedures. RENÉE M. PELLETIER 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).