Citation Nr: 0002777 Decision Date: 02/03/00 Archive Date: 02/10/00 DOCKET NO. 94-38 036 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to an increased evaluation for glomerulosclerosis, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Ralph G. Stiehm, Counsel INTRODUCTION The veteran had active service from March 1979 to December 1982 and from May 1983 to June 1993. This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. In March 1997, the Board remanded this case for further development. This case is now once again before the Board. REMAND In its March 1997 remand, the Board indicated that it intended to evaluate the veteran's kidney impairment under diagnostic code 7502. The Board also indicated that a current compensation examination for that purpose was needed. Pursuant to 38 C.F.R. § 4.115, renal dysfunction is evaluated as 30 percent disabling, if characterized by constant or recurring albumin with hyalin and granular casts or red blood cells, or if characterized by transient or slight edema or hypertension at least 10 percent disabling under diagnostic code 7101. Although the veteran underwent a VA examination in September 1998, that apparently included laboratory analysis in October 1998, a January 1999 report of that examination does not include a separate report of the laboratory results. In addition, although the examination report references a history of 1+ protein, it does not contain findings concerning albumin present at the time of examination. It is not clear that microscopic examination was performed, and the examination report does not reflect findings concerning the presence of hyalin or granular casts. The examination, therefore, is inadequate for rating purposes. Therefore, this case is REMANDED for the following development: 1. The veteran should be afforded an examination to ascertain the severity of his glomerulosclerosis. The examiner's report must contain findings sufficient to rate the veteran's disability under both diagnosis codes 7502 and 7509. After reviewing the claims file, the examiner's report must indicate whether the veteran's disability results in constant or recurring albumin, whether hyalin is present, and whether granular casts are present. In addition, the examiner must indicate whether transient or slight edema is present and whether the veteran's disability results in a definite decrease in kidney function. The examiner should also should provide blood pressure findings sufficient to rate any hypertension under diagnostic code 7101 and should indicate whether the veteran's disability has required catheter drainage. The examiner must be provided with a copy of the claims file for review, and the examiner's report must reflect that the claims file was reviewed. 2. When the development requested has been completed, the case should again be reviewed by the RO on the basis of all the evidence. In accordance with the holdings Karnas v. Derwinski, 1 Vet. App. 308 (1991), the veteran's disability should be evaluated under the current criteria and those in effect immediately prior to regulatory changes, made effective, October 8, 1994. If the benefit sought is not granted, the appellant should be furnished a supplemental statement of the case, and be afforded the appropriate time period to respond before the record is returned to the Board for further review. The purpose of this REMAND is to obtain additional development. The Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. No action is required of the appellant unless he is notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). BRUCE KANNEE Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).