BVA9505956 DOCKET NO. 93-10 419 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida THE ISSUE Entitlement to a total rating based on individual unemployability due to service-connected disability. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran had active duty from July 1942 to December 1945. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 1991 decision by the RO. REMAND The veteran contends in connection with the present appeal that he is precluded from performing substantially gainful employment due to his severe service-connected impairment of visual acuity. When examined by VA in June 1991, it was noted that the veteran had visual acuity of "bear LP" in the right eye and "2200" on the left. Recently received medical evidence now indicates visual acuity of 20/400 in the left eye. Thus, the current severity of the visual loss and its impact on the veteran's ability to work at substantially gainful employment is not clear to the Board. Further development of the record is indicated. To ensure that the Department of Veterans Affairs (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 regional office (RO) for the following development: 1. The RO should take appropriate steps to obtain copies of all clinical records referable to VA treatment received by the veteran since 1992. After securing these documents, the RO should incorporate them into the record. 2. The veteran should be afforded a special VA examination by an ophthalmologist in order to determine the current severity of the service-connected visual disability. All indicated testing should be performed in this regard, and detailed findings should be recorded in a legible manner. The claims folder should be made available to the examiner for review. Based on this review and his examination findings, the examiner should render an opinion as to the medical probability that the veteran is prevented from performing substantially gainful employment due solely to his service- connected visual disability. 3. After the development requested above has been completed to the extent possible, the RO should again review the veteran's claim. If the benefit sought on appeal 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. STEPHEN L. WILKINS 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).