BVA9501410 DOCKET NO. 93-13 200 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to an increased evaluation for paroxysmal tachycardia, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from September 1960 to February 1962. This appeal arises from an October 1991 rating decision which continued a 10 percent disability evaluation for paroxysmal tachycardia. In June 1991, D. E. Damazo, M.D., diagnosed anginal syndrome and coronary artery disease; the veteran was to be seen for follow-up at Dr. Damazo's office. The veteran indicated in March 1992 that he was receiving treatment for his paroxysmal tachycardia on a regular basis. The claims file does not include any records from Dr. Damazo reflecting follow-up treatment of the veteran. Dr. Damazo did not respond to a request for such records dated in April 1992, possibly because his name was not spelled correctly and the address does not appear to be correct. The veteran and his representative, at a March 1992 hearing on appeal, raised the issue of service connection for cardiovascular disability other than paroxysmal tachycardia, specifically contending that he had a heart attack in service. The question of the veteran's possible entitlement to service connection for additional cardiovascular disability should be resolved prior to appellate consideration of the issue of his entitlement to a disability evaluation in excess of 10 percent for his paroxysmal tachycardia. See Harris v. Derwinski, 1 Vet.App. 180 (1991). In view of the foregoing, the Board finds that the case should be REMANDED to the originating agency for the following action: 1. The veteran should be requested to identify all sources of medical treatment received for cardiovascular disability. He should be asked to provide the address for Dr. Damazo's office. Copies of the medical records from all sources identified by the veteran (not already in the claims folder) should be obtained and added to the claims folder. 2. After the medical records have been obtained, the veteran should be scheduled for a cardiovascular examination. The express purpose of the examination is to evaluate the current severity of his paroxysmal tachycardia, and to determine the etiology of any other current cardiovascular disability. All necessary tests and studies should be conducted and clinical manifestations should be reported in detail. The examiner should be given access to the claims file for a sufficient period of time prior to the examination to allow for a complete review of the record. 3. When the above development has been completed, the originating agency should again review the veteran's claims, to include the claim of entitlement to service connection for cardiovascular disability other than paroxysmal tachycardia. The veteran is to be informed of the determination by letter that includes appellate rights. If the determination made on the issue of an increased evaluation for his paroxysmal tachycardia remains unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the February 1993 supplemental statement of the case should be issued to the veteran and his representative. If a notice of disagreement is received with regard to any new issue, such as entitlement to service connection for a cardiovascular disability other than proxysmal tachycardia, this issue should be addressed in the supplemental statement of the case or by way of a statement of the case. The veteran and his representative should be informed that a substantive appeal must be filed with regard to any new issue. They should be given the applicable period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and afford the veteran due process. GARY L. GICK 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 deter- mination. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).