BVA9501233 DOCKET NO. 93-06 026 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUES 1. Entitlement to service connection for hypertension. 2. Entitlement to service connection for chronic renal insufficiency. REPRESENTATION Appellant represented by: John M. Sayre III, Attorney ATTORNEY FOR THE BOARD Kay F. Mayer, Associate Counsel INTRODUCTION The veteran was in beleaguered status from December 1941 to April 1942. He was a prisoner of war of the Government of Japan from April 10, 1942 to June 30, 1942. He was in the regular Philippine Army from March 1945 to June 30, 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) of Manila, Philippines. The veteran has expressed interest in obtaining pension benefits. He has been informed that he does have qualifying service. Service connection for dysentery and a urinary tract infection has also been denied. To the extent there is a desire to further develop those issues, the veteran and his representative should so indicate to the RO. This appeal is limited to the issues set forth on the title page. REMAND The VA has a duty to assist a veteran in developing facts pertinent to a potentially well grounded claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 (1993). That duty includes obtaining medical records and medical examinations where indicated by the facts and circumstances of an individual case. See Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). In this case, there are additional records that need to be requested before a well grounded determination can be made. The evidence on file shows that the veteran currently has renal insufficiency and hypertension. The origin and/or etiology of the disorders is at issue. There are very few service medical records from the veteran's qualifying service. It has been indicated that he was treated by a private physician who has retired, and who has no records. There are, however, two potential sources of records that should be requested prior to entering a decision in this case. The record reflects that after his service cited above, the veteran had a long career in the Philippine Military. While this service is not qualifying service for VA benefits, medical records from this service might be probative as to the etiology or onset of the claimed disorders. An attempt should be made to obtain any medical records available for this veteran from the Philippine military. Moreover, in his 1985 Application for Compensation or Pension, he reported that the "U E Memorial Hospital" in the Philippines had treatment records for him. Those records should be requested and obtained, if possible. In view of the foregoing, this case is REMANDED for the following action: The RO should, with the veteran's assistance as needed, attempt to obtain copies of any available service medical records for his period of service in the Philippine Military and any available records of treatment at the Memorial Hospital. The veteran should provide information concerning approximate dates of treatment, and other assistance as needed in pursuit of these records. If no records are obtained the claims folder should contain documentation of the attempt made to obtain the records. If no records are obtained, the veteran and his representative should be so notified. 38 C.F.R. § 3.159 (1993). When the aforementioned development has been accomplished the case should be reviewed by the RO. In the event the benefits sought are not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until he is notified. MICHAEL D. LYON 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).