BVA9500772 DOCKET NO. 93-06 470 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to an extended period of eligibility in which to receive vocational rehabilitation training pursuant to Chapter 31, Title 38, United States Code. REPRESENTATION Appellant represented by: California Department of Veterans Affairs ATTORNEY FOR THE BOARD R. E. Smith, Counsel INTRODUCTION The veteran had active military service from October 1971 to March 1974. This appeal arises from a March 1992 determination by the Department of Veterans Affairs (VA), Los Angeles, California Regional Office (RO). In that determination, it was held that the appellant had not presented a basis for extending his basic period of eligibility for Chapter 31 educational assistance benefits. In connection with his current appeal, the veteran was scheduled for a personal hearing before the RO in November 1992. Although notified of the time and date of the hearing, he failed to appear. REMAND The appellant was discharged from active military service in March 1974. By rating decision of November 1974, service connection was established, and compensable ratings assigned, for residuals of fracture of the right ulna and radius and chronic low back strain, effective in March 1974. The veteran was notified of the grants of service connection by the VA on November 12, 1974. He was, therefore, initially eligible to participate in a program of vocational rehabilitation training under Chapter 31 for the following 12 years or until approximately November 1986. 38 U.S.C.A. § 3103(a) (West 1991); 38 C.F.R. § 21.41 (1993). Since the appellant's initial period of eligibility under Chapter 31 has now long since expired, he is only entitled to an extended period of eligibility under Chapter 31 if he is determined to be in need of such an extension because of a serious employment handicap. 38 U.S.C.A. § 3103(c) (West 1991); 38 C.F.R. § 21.44 (1993). In this connection, we have noted with interest that the veteran, in his substantive appeal to the Board, has argued that his service-connected chronic low back strain and service-connected residuals of a right arm fracture have severely impaired his ability to maintain work in his chosen profession as a roofer. He furthermore has indicated the existence of VA medical records as well as private treatment records which are apparently supportive of his assertion. While the veteran's claims folder contains VA clinical records which may be inclusive of the treatment reported by the veteran, this is not altogether certain as these records primarily show treatment rendered to the veteran for nonservice-connected disabilities and conditions. We further observe that the last comprehensive VA examination provided to the veteran for his service-connected disabilities was in August 1974. It is, therefore, felt, in light of the veteran's assertions, that a current examination of the appellant would be of great assistance in determining whether or not a serious employment handicap as defined in 38 C.F.R. § 21.52 (1993) exists. Accordingly, this appeal is being REMANDED to the RO for the following actions: 1. The veteran should be requested to specifically identify any sources of medical treatment received for his service- connected low back and right arm disability since March 1986, and furnish signed authorization for release to the VA of private medical records in connection with each non-VA source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. The records obtained should be added to the claims folder. 2. The veteran should be asked to provide current information as to his employment status. 3. The RO should then schedule the appellant for a medical examination in order to determine the current nature and severity of his service-connected disabilities. All necessary tests, including X-ray studies, should be accomplished as part of this examination. The contents of the claims file must be made available to the examining physician for his or her review prior to the aforementioned examination. 4. The RO should next review all of the relevant evidence, including the report of the aforementioned examination, in order to determine the proper schedular disability ratings to be assigned for the service- connected disabilities. 5. After undertaking any additional evidentiary development felt to be necessary, the RO should review all relevant evidence in order to determine whether the appellant is entitled to an extended period of eligibility under Chapter 31 because of a serious employment handicap. That determination should be made in accordance with the criteria found at 38 C.F.R. § 21.52. 6. If the aforementioned determination remains unfavorable to the appellant, then a supplemental statement of the case should be prepared and furnished to him and his representative. They should be accorded a period of 60 days in which to respond. 38 C.F.R. § 20.302(c) (1993). Thereafter, in accordance with proper appellate procedures, the case should be returned to the Board for final appellate review, if otherwise in order. No action is required by the appellant until he receives further notice. N. R. ROBIN 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).