BVA9501794 DOCKET NO. 93-23 458 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD E. J. McCafferty, Counsel INTRODUCTION The veteran had active service from July 1950 to January 1956. This appeal comes to the Board of Veterans' Appeals (Board) from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. A traveling member of the Board held a hearing at the RO in September 1993. A line of decisions by the United States Court of Veterans Appeals (Court) have raised questions with respect to the adjudicative procedures followed in consideration of claims of entitlement to nonservice-connected pension benefits. This line of decisions indicates a need for further development under 38 C.F.R. 3.321(a) with respect to establishing and considering all of the veteran's disabilities as they relate to the issue of entitlement to a permanent and total disability rating for pension purposes. REMAND From our preliminary review of the record in this case, we note that the RO has not had the opportunity to review and consider all of the veteran's disabilities in making its determination. The current record shows that in addition to the disabilities considered by the RO, the veteran has complaints of chest pain and shortness of breath and uses nitroglycerin for relief. Abnormal electrocardiograms findings have also been reported. Clinical records also show the veteran has been treated for complaints of weakness and fatigue, dysphasia, multiple joint pain, arthritis, fibrositis, adhesive capsulitis and other disabilities. These disabilities have not been evaluated or considered in determining the veteran's entitlement to a permanent and total disability rating for pension purposes. In addition, we note that due to the length of the appellate process, the veteran's pension examination has become dated. In order to better evaluate the veteran's current physical status, we are of the opinion that an examination to obtain a current assessment of all of the veteran's disabilities should be undertaken before further appellate review is accomplished. Accordingly, the case is being REMANDED for the following action: The veteran should be accorded a general VA medical examination to determine the nature and extent of all currently existing disabilities. This should include the previously considered conditions, the conditions cited above and any additional conditions noted by the examiner on the VA examination.. When the comprehensive VA examination has been conducted, the RO should consider and evaluate each individual disability and assign an appropriate individual rating. After considering the disabling effects of the veteran's individual and combined disabilities in a rating decision, a determination as to whether the veteran is entitled to a permanent and total disability rating for pension purposes should be made. When the above has been accomplished and if the claim remains denied, the veteran and his representative should be furnished a supplemental statement of the case covering the new evidence. After they have had an adequate opportunity to respond, the case should be returned to the Board for further appellate review. The sole purpose of this REMAND is to obtain clarifying data. J. U. JOHNSON 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).