BVA9508431 DOCKET NO. 93-15 959 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUE Entitlement to service connection for a cervical spine disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Brian W. Lemoine, Associate Counsel INTRODUCTION The veteran served on active duty from September 1950 through January 1959 and from March 1959 through December 1976. The veteran's original claim seeking entitlement to service connection for a cervical spine disability was denied in a June 1988 rating decision of the Newark, New Jersey Regional Office (RO) of the Department of Veterans Affairs (VA). The veteran was notified of this determination and of his procedural and appellate rights later that same month; however, he did not initiate an appeal within one year of this notification. The current matter came before the Board of Veterans' Appeals (Board) on appeal from a September 1992 rating decision of the RO, denying the veteran's claim for service connection for a cervical spine disability. After review of the evidence submitted by the veteran in connection with his attempt to reopen the claim, the RO considered his claim for service connection on a de novo basis. Thus the RO has apparently conceded that the veteran has reopened his claim by the submission of new and material evidence. The veteran has also, in a October 13, 1993 letter, raised the issue of entitlement to service connection for several disabilities related to Agent Orange exposure. However, this claim has not been developed for appellate review, is not inextricably intertwined with the issue on appeal and accordingly, is referred to the RO for appropriate action. REMAND A review of the appellate record discloses that the veteran's retirement examination does not appear to be of record. Prior to appellate action on the claim developed for the Board's review, an attempt should be made to ensure that all available service medical records have been secured for inclusion in the claims folder. In addition, it does not appear that the veteran has been given the opportunity to provide information about any physicians or facilities which may have furnished treatment to him for his cervical spine prior to 1987. In keeping with VA's duty to assist the veteran in the development of facts pertaining to his claim, 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994), the Board concludes that further development is required prior to appellate disposition of this case. Accordingly, the case is hereby REMANDED to the RO for the following actions: 1. The RO should attempt to obtain any additional service medical records, with special attention to his retirement examination, which may exist and incorporate them into the claims folder. 2. The RO should contact the veteran and request that he provide the names and addresses of any VA, military, or private medical care providers who may have furnished treatment to him for his cervical spine disorder, following his retirement from service until 1987. Such records should be obtained for inclusion in the claims folder. 3. Thereafter, the RO should again review this case, including any evidence obtained as a result of this remand action, and determine whether service connection is warranted for a cervical spine disability. The veteran and his representative should be fully apprised of any action taken. 4. Should the determination remain adverse to the veteran, the RO should issue a supplemental statement of the case to the veteran and his representative, which addresses the newly developed evidence. The veteran and his representative should be given the opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this REMAND the Board intimates no opinion, either legal or factual, as to the ultimate determination warranted in this case. The purpose of this REMAND is to develop the record further and to afford the veteran due process of law. 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) (1994).