BVA9502536 DOCKET NO. 93-08 234 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to a disability evaluation greater than 10 percent for residuals of a shell fragment wound to the right elbow. 2. Entitlement to a compensable disability evaluation for residuals of a shell fragment wound to occiput. 3. Entitlement to a compensable disability evaluation for hemorrhoids. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD R. J. Rolfsen, Jr., Counsel INTRODUCTION The veteran served on active duty from August 1965 to August 1967. This appeal stems from a May 1991 decision of the Atlanta, Georgia, Department of Veterans Affairs (VA) Regional Office (RO). The veteran has requested service connection for hypertension and a cataract removal. He claims both are secondary to his service-connected residuals of a shell fragment wound to the occiput. Although these issues were denied by rating decision in August 1992, a notice of disagreement with this decision has not been received. Thus, since these issues have not been certified or developed for appeal and are not properly before the Board of Veterans' Appeals (Board), they are hereby referred to the RO for appropriate consideration. The veteran has also requested service connection for a back disorder. This issue has not been certified or developed for appeal, is not properly before the Board, and is hereby referred to the RO for appropriate consideration. REMAND Initially, the Board of Veterans' Appeals (Board) finds that the veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107 (West 1991). Therefore, the Board has a duty to assist the veteran in order to ensure that all relevant evidence has been properly developed. Since all relevant evidence has not been properly developed, a remand is necessary. A review of the appellate record reflects that the veteran is contending that the residuals of his service-connected shell fragment wound to the occiput include headaches. A review of the service medical records reflects that the veteran was seen in June 1966 for superficial shell fragment wounds to the scalp. X-rays showed minimally depressed skull fractures in the right inferior lateral portion of the occiput. Although the examiner at the January 1992 VA examination stated that the veteran's headaches were not traumatic in origin and, thus not a residual of his shell fragment wound to the occiput, this statement was apparently based upon the veteran's statement that the missile that caused this disability did not penetrate the skull and only caused a laceration. It is unclear whether the examining physician reviewed the claims folder prior to the examination. Also, since the veteran is requesting service connection for headaches secondary to his shell fragment wound to the occiput, this issue is inextricably intertwined with the issue on appeal. Under these circumstances, this case is remanded for the following action: 1. The RO should ensure that copies of all recent treatment records, both private and VA, have been associated with the claims folder. 2. The RO should schedule the veteran for a VA neurological examination to determine whether his headaches are attributable to his service-connected shell fragment wound to the occiput. All indicated special studies should be accomplished and the claims folder must be reviewed by the examiner prior to the examination. Following the completion of the requested development, the RO should review the case. If the claim remains denied, the case should be returned to the Board following appropriate appellate processing. No action is required by the veteran until he receives further notice. No indication is made by this remand as to the outcome warranted in this case. Action on the veteran's claims for increased disability evaluations for his residuals of a shell fragment wound to the right elbow and hemorrhoids is deferred pending the aforementioned development. ROBERT D. PHILIPP 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).