BVA9506150 DOCKET NO. 91-38 096 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a right knee disorder. 2. Entitlement to an increased evaluation for arteriosclerotic heart disease with hypertension, currently evaluated as 30 percent disabling. 3. Entitlement to a compensable evaluation for defective hearing. 4. Entitlement to a compensable evaluation for chronic obstructive pulmonary disease. 5. Entitlement to a compensable evaluation for the residuals of a left wrist fracture. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and wife. ATTORNEY FOR THE BOARD Joseph Horrigan, Counsel INTRODUCTION The veteran served on active duty from February 1946 to September 1947 and from November 1979 to November 1987. He also served in the Army National Guard for more than 26 years and 9 months. This matter came before the Board of Veterans' Appeals (Board) from a January 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The veteran appeared and gave testimony at a hearing at the RO in December 1990 and a transcript of that hearing is of record. This case was remanded by the Board for further development in June 1992 and December 1993. It is before the Board for appellate consideration at this time. REMAND It does not appear from the record that the veteran's claims folder is complete and ready for appellate review at this time. In the report of the VA examination of April 1994, the evaluating physician refers to the claims folder as having "two volumes about 3'' thick". Only one volume of the claims folder, as well as the veteran's vocational rehabilitation folder, is currently available for review. The record does not reflect consideration of service medical records. The Board also notes in this regard that, despite over nine years of active duty and almost 27 years service with the Massachusetts National Guard, no medical records from the service department are in the claims folder aside from a brief report of a Medical Evaluation Board dated in December 1986. In view of the foregoing, and given the duty to assist the veteran in the development of his claim under 38 U.S.C.A. § 5107 (West 1991), this case is remanded to the RO for the following action: 1. The RO should obtain the second volume of the veteran's claims folder, if existent, and associate it with the record now available. 2. Then, if not of record, the RO should contact the Service Department and request that a search be conducted for all service medical records for both of the veteran's periods of active duty as well as for all periods of active duty for training and inactive duty for training with the Massachusetts National Guard. All records obtained should be associated with the claims folder. 3. Then, after any further development deemed appropriate, the RO should again adjudicate the veteran's claim. The rating decision should reflect consideration of all potentially applicable criteria, to include consideration of the applicability of 38 C.F.R. § 3.321(b)(1). If these benefits are not granted to the veteran's satisfaction, he and his representative should be provided a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if appropriate. By this remand, the Board intimates no opinion as to the outcome warranted in this case. No action is required of the veteran until he is so informed by the RO. BARBARA B. COPELAND 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) (1994).