BVA9508065 DOCKET NO. 93-10 625 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to an increased (compensable) rating for residuals of an abscess of the right buttock. 2. Entitlement to service connection for carcinoma of the bladder. 3. Entitlement to service connection for carcinoma of the prostate. REPRESENTATION Appellant represented by: Alfred J. Marchisio, Jr. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel REMAND The veteran had active service from April 1951 to September 1955. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 1990 rating decision by the Department of Veterans Affairs (VA) Regional Office in Lincoln, Nebraska (RO). It is contended that the veteran's service-connected residuals of an abscess of the right buttock are more disabling than currently evaluated. It is asserted that the veteran has an area on his right buttock which occasionally increases in size and then goes away, and has intermittent drainage. It is asserted that this abscess has continued to exist since the veteran's service, and has caused the veteran to develop carcinoma of the bladder and prostate which was first diagnosed in 1989. Medical evidence in support of the assertion that there is a causal or aggravation relationship between the abscess on the right buttock and carcinoma of the bladder and prostate has not been submitted. The reports of May 1990 VA examinations do not indicate that the veteran's right buttock was examined to determine the condition of any abscess. A January 1994 VA outpatient treatment record reflects that the veteran had an abscess on the right buttock drained. On the basis of the above record, the Board believes that additional development is appropriate. Accordingly, the case is REMANDED to the RO for the following: 1. The RO should contact the veteran and inform him that in order to submit a well grounded claim, with respect to service connection for carcinoma of the bladder and prostate on a secondary basis, he must submit medical evidence supporting the assertion that the abscess on the right buttock either caused or aggravated the carcinoma of the bladder and prostate. Robinette v. Brown, No. 93-985 (Sept. 12, 1994), motion for reconsideration granted (Oct. 11, 1994); Allen v. Brown, 92-245 (Mar. 17, 1995). 2. The veteran should be scheduled for a VA medical examination to determine the nature and extent of his residuals of an abscess on the right buttock. The examination must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All necessary tests and studies should be accomplished, and all clinical manifestations should be reported in detail. The claims file must be made available to and reviewed by the examiner prior to the requested examination. 3. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, appropriate corrective action is to be implemented. Following completion of the above, the RO should review the evidence and readjudicate the veteran's claims. Thereafter, the veteran and his representative should be furnished with a supplemental statement of the case and be given the appropriate opportunity to respond thereto. Thereafter, the claims file, including any evidence obtained, should be returned to this Board for further appellate review, if in order. No action by the veteran is required until he receives further notice. The purposes of this REMAND are to procure clarifying data and accord due process. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. JEFFREY 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) (1994).