BVA9500342 DOCKET NO. 93-05 446 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Christopher Maynard, Associate Counsel REMAND The veteran had active service from September 1973 to October 1982. The record also indicates that the veteran had more than 11 years and 11 months of prior active service. The appellant asserts that the veteran's death in December 1991 was due, in large part, to his service-connected hypertension. It is argued that hypertension can cause diabetes, renal failure, and other cardiac problems and that the medications the veteran took for control of his hypertension may have also played a significant part in bringing about his death. The representative points out that the veteran's terminal hospital reports are not part of the record and argues that the VA has a duty to obtain those records prior to rendering a decision. The Certificate of Death reflects that the veteran expired at Womack Army Medical Center on December 25, 1991, from respiratory failure due to renal failure/anasarca due to Amyloidosis. A Supplemental Report of Cause of Death, dated in January 1992, showed hypertension as a contributing factor in causing the veteran's death. A letter from Casualty Clerk of Womack Army Medical Center, dated in January 1992, indicated that a review of the veteran's medical records at that facility showed that his hypertension had been controlled since approximately 1981 with Lasix and Hctz. In light of the appellant's contentions and the current evidence of record, it is the decision of the Board of Veterans' Appeals (Board) that further development is necessary prior to appellate review. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should take appropriate steps to obtain all available treatment records for the period 1987 through 1991, including the terminal hospital reports from Womack Army Medical Center; Fayetteville, North Carolina, VA Medical Center; and Walter Reed Army Hospital, and associate them with the claims folder. 2. Thereafter, the claims folder should be forwarded to an appropriate VA specialist, who, after careful review of the entire record, should express an opinion as to the medical probability that the service- connected hypertension or the medications prescribed to the veteran for hypertension contributed materially or substantially to bring about his death. The examiner should provide a detailed explanation for his conclusions. The report should be typed or otherwise recorded in a legible manner for review purposes. 3. After the development requested above has been completed, the RO should again review the record. If the benefit sought on appeal remains denied, the appellant and her 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, 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. (CONTINUED ON NEXT PAGE) J. U. JOHNSON 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).