BVA9504996 DOCKET NO. 93-15 446 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Salt Lake City, Utah THE ISSUE Entitlement to service connection for a heart rhythm disorder. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from October 1954 to October 1956 and from January 25 to February 13, 1991. This appeal arises from a December 1991 rating decision of the Salt Lake City, Utah, regional office (RO). In that decision, service connection was denied for cardiac dysrhythmias or a heart rhythm disorder. The appellant was admitted to a service department hospital in January 1991 with the diagnosis of rule out sick sinus syndrome. The hospital discharge diagnosis was paroxysmal supraventricular tachycardia. It is unclear whether all clinical records associated with this hospitalization have been obtained. In a statement dated in September 1991, a private cardiologist reported that a Bruce protocol showed no evidence of any coronary artery disease. In November 1991, Mark Oveson, M.D., reported that the appellant had been treated for cardiac dysrhythmias with good control on medication. The appellant's representative has contended that the Department of Veterans Affairs (VA) erred in not providing the appellant with a VA examination. In this regard, the Board of Veterans' Appeals (Board) observes that a threshold question to be resolved is whether the claimed disorder is a "disability." Brammer v. Derwinski, 3 Vet.App. 223, 225 (1992). It is also observed that determinations of relationship to service and evaluation in the case of disability due to disease of the heart require accurate identification of the disease, as an active or residual condition, with the complete required classification of etiology, structural lesions, manifestations, and capacity for work. Moreover, tachycardia, bradycardia, and the various arrhythmias do not represent generally acceptable diagnoses. 38 C.F.R. § 4.100 (1994). Arrhythmias and conduction abnormalities, standing alone, represent incomplete diagnoses. Note preceding Diagnostic Codes 7010 through 7015, 38 C.F.R. § 4.104 (1994). Further, the United States Court of Veterans Appeals has recently held that medical opinion evidence is required with respect to cases involving whether a disability existed prior to service and was aggravated by service. See Crowe v. Brown, No. 93-550 (U.S. Vet. App. Dec. 20, 1994), a copy of which is attached to this decision. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should take appropriate steps to ensure that all records from the veteran's active service in 1991, particularly all available records from Madigan Army Medical Center, are obtained and associated with the claims folder. 2. The appellant should be afforded a VA cardiology examination to determine the nature and extent of any current cardiac abnormalities, especially any claimed heart rhythm disorder. The claims folder should be made available to the examiner for review. The examiner should be requested to provide an opinion as to whether the cardiac abnormalities reported during service in 1991 were manifestations of a disease entity. If so, the examiner should also provide an opinion with respect to (1) whether such disorder existed prior to service, (2) if so, whether the disorder increased in severity during service, and (3), whether any such increase was a natural progression of the disorder. The rationale for the opinions reached should be explained. 3. The RO should then readjudicate the claim, to include consideration of Crowe v. Brown. Unless the benefit sought on appeal has been granted, the appellant and his representative should then be furnished a supplemental statement of the case and given the applicable opportunity to reply. 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 until so notified. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).