BVA9506209 DOCKET NO. 93-13 113 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to an increased rating for basal cell carcinomas of left post-auricular area and naso-labial area with postoperative residuals of multiple excisions of basal cell carcinomas; and multiple actinic keratosis of the face, arms, chest and back, currently evaluated 10 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD A. D. Jackson, Associate Counsel REMAND The veteran had active duty from January 1951 until December 1981. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision from the New Orleans, Louisiana, Regional Office (RO). The rating decision dated in December 1992, increased from zero percent to ten percent the evaluation for basal cell carcinomas of left post-auricular area and naso-labial area with postoperative residuals of multiple excisions of basal cell carcinomas; and multiple actinic keratosis of the face, arms, chest and back. The veteran continues to dispute the adequacy of the assigned rating. The veteran contends that he should be granted a higher rating for his skin disorder which is manifested by disability inclusive of discoloration and disfigurement. He claims that the RO did not take into account or properly weigh the evidence of record, including Department of Veterans Affairs (VA) clinical evidence and statements submitted in support of the claim. After review of the record, further development is found to be warranted. In his VA-form 9, dated in May 1993, the veteran referred to cosmetic surgery that was performed by a plastic surgeon, B.J. O'Neal, in 1990 and 1991. These records are of likely relevance to a proper adjudication of this claim. Subsequent to a July 1992 VA examination, VA outpatient records dated in September 1992 reveal that the veteran underwent two or three weeks previously a coronal brow lift excision with excision of facial lesions, and an upper bleph. In light of the his recent surgery the Board finds that a VA dermatological examination would be appropriate, in order to take into consideration the postoperative results of his surgeries. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain, through appropriate procedures, the private clinical records of Dr. B.J. O'Neal referred to in the veteran's May 1993 correspondence. These records should be associated with the claims file. 2. VA outpatient treatment records developed since 1992 should also be associated with the claims file for review. 3. The veteran should again undergo a dermatology examination for rating purposes to determine the nature and extent of the severity of his service connected skin disorder. The examiner should report all pertinent findings consistent with the Physician's Guide for Disability Evaluation Examinations. Specific pathology related to the service connected disorder should be identified, and color photographs should be included. The claims folder should be reviewed by the examiner prior to conducting the examination. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. While regretting the delay involved in remanding this case, it is felt that proceeding with a decision on the merits at this time would not withstand Court scrutiny. JEFF MARTIN 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).