BVA9507831 DOCKET NO. 93-13 616 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a scar over the right eye. 2. Entitlement to service connection for an ankle disability claimed as arthritis. REPRESENTATION Appellant represented by: Texas Veterans Commission INTRODUCTION The veteran had active service from September 1942 to February 1946 and from February 1949 to October 1942. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas, denying service connection for a cut over the right eye and disability of the ankles, characterized as pseudogout. REMAND The veteran's service medical records are not available and apparently were destroyed by fire at the National Personnel Records Center (NPRC) in July 1973. Accordingly, the VA has a heightened duty to assist him in obtaining evidence to establish his claim. In that regard it is noted that NPRC advised the RO in October 1992 that searches were made for morning and sick reports for October 1944 for the 127th Liaison Squadron but no entries were found pertaining to the veteran. The veteran has noted, however, that he served with the 127th Army Airways Communication Squadron, 62nd Group, and has questioned why the liaison squadron was referred to. Also, he now claims that he was treated on more occasions than just October 1944. Since it is not clear that NPRC searched for information for the correct unit and period of time, the case is being REMANDED for the following: 1. The veteran should be permitted to submit any additional evidence tending to show that he has arthritis or other ankle disability and residuals of a scar over the left eye related to service. It is suggested that he be asked to complete another NA Form 13055 to include complete information as to dates of treatment, the disorder for which he was treated, the name of the unit to which he was assigned, etc. 2. The RO should ask the NPRC to try to obtain unit morning or sick reports or Surgeon General's Office data based on the veteran's service with the 127th Army Airways Communication Squadron, 62nd Group. If the veteran has provided additional information as to dates of treatment, that information should be conveyed to NPRC. Thereafter, the claim should be reviewed to determine, initially, whether it is well grounded and, if so, to adjudicate the issues of service connection. If the claims are found to be not well grounded, the veteran should be advised of the type of evidence needed to make them well grounded. A supplemental statement of the case should be issued if either issue is decided unfavorably and, after the veteran and his representative have had an opportunity to respond, the case should be returned to the Board. The veteran need take no action until notified. JANE E. SHARP 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).