BVA9501232 DOCKET NO. 93-11 275 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to service connection for the post operative residuals of a recurrent meningioma. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran apparently had active service from October 1957 to March 1981. This appeal arises from an October 1992 rating decision which denied service connection for the post operative residuals of a recurrent meningioma. The veteran has contended that he struck his head when he was blown out of a vehicle in Vietnam and thereafter experienced headaches and developed a lump behind an ear. He asserts that he was treated at the Fort Leonard Wood Army Base after service and underwent surgery for a brain tumor at Fitzsimons Army Medical Center in 1989. As the October 1992 rating decision reflects, there are no medical records for the period from September 16, 1980, (6 months prior to the veteran's retirement from service) until August 1991. The veteran's representative contends that physicians at Fitzsimons Army Medical Center have concluded that the veteran's bilateral hearing loss, which began in service, was the result of the veteran's brain tumor and the representative requests that the Department of Veterans Affairs obtain the veteran's 1989 treatment records from Fitzsimons Army Medical Center. The Board of Veterans' Appeals (Board), having reviewed the record, finds that further development is required. Accordingly, the issue is being REMANDED to the originating agency for the following action: 1. The originating agency should attempt to obtain additional service medical records, particularly for the period from September 1980 through March 1981. 2. The originating agency should request the veteran to identify all sources of medical treatment received by him for the period from April 1981 through July 1991. Copies of medical records from all sources identified by the veteran should be obtained and added to the claims folder. The originating agency should ensure that tissue slides and copies of the veteran's medical records for the 1989 surgery at the Fitzsimons Army Medical Center, as well as copies of all of the veteran's medical records from the Fort Leonard Wood Army Base, are added to the records assembled for appellate review. 3. Upon completion of the above, the originating agency should review this claim. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the statement of the case should be issued to the veteran and his representative. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. The purpose of this REMAND is to obtain clarifying information and ensure all due process. No action is required of the veteran unless he receives further notice. 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).