BVA9502122 DOCKET NO. 92-21 971 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to an increased rating for residuals of a stab wound and laceration of the liver with residual subphrenic abscess, currently evaluated as 30 percent disabling. 2. Entitlement to an increased rating for residuals of a stab wound with pleural effusion, empyema and residuals of resection of the left 8th and 9th ribs with partial regeneration of the 9th rib, currently evaluated as 20 percent disabling. 3. Entitlement to an increased rating for residuals of repair of multiple ventral incisional hernias, currently evaluated as 20 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel REMAND The veteran served on active duty from January 1963 to March 1967. This matter came before the Board of Veterans' Appeals (Board) on appeal from a January 1992 rating decision by the Columbia, South Carolina, Regional Office (RO). The veteran received a stab wound in June 1964. This resulted in injury to the veteran's liver and left lung. The veteran's claims were remanded to the RO in October 1993 for further development. The Board remand requested that the veteran be given a Department of Veterans Affairs (VA) examination to include a pulmonary function test. In April 1994 the veteran received a VA pulmonary examination. The examiner noted that he would order a full pulmonary function test in order to determine whether the veteran's shortness of breath was due to the inservice stab wound or smoking. There is no record that the veteran received a pulmonary function test at that time. In light of the foregoing, this case is hereby REMANDED to the agency of original jurisdiction for the following actions: 1. The RO should contact the appropriate VA medical centers and obtain copies of all available treatment records, both inpatient and outpatient, subsequent to March 1994. All copies obtained should be associated with the veteran's claims folder. 2. After the above development has been accomplished, the RO should schedule the veteran for a VA pulmonary examination to determine the nature and extent of any curent pulmonary disability. All pertinent testing should be accomplished, including pulmonary function studies and all other diagnostic testing deemed necessary. All residuals of the stab wound to the left lung should be noted in detail. The claims file should be made available to the examiner prior to examination for review. 3. The veteran should also scheduled for an examination to determine the extent and severity of the residuals of the stab wound to the liver. The examiner should note in detail all current manifestations attributable to this injury. If deemed appropriate, liver function studies should be accomplished. All clinical manifestations should be reported in detail. The claims file should be made available to the examiner prior to examination for review. After the requested development has been completed, the veteran's claim should again be considered by the RO. Should any prior denial be confirmed, the case should then be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise notified. The purpose of this remand is to obtain necessary information. WAYNE M. BRAEUER 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).