BVA9503431 DOCKET NO. 92-16 934 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a back disability. 2. Entitlement to service connection for a genitourinary disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel REMAND The veteran served on active duty from July 1963 to August 1965. This matter came before the Board of Veterans' Appeals (Board) on appeal from a May 1992 rating decision by the Nashville, Tennessee, Regional Office (RO). The veteran seeks service connection for a genitourinary disability to include a prostatic disorder. The veteran's service medical records reveal that the veteran was treated for prostatitis on several occasions following an episode of gonorrhea. In 1979 and 1980 he was evaluated at a Department of Veterans' Affairs (VA) facility for retro-pubic pain of unclear etiology. A genitourinary examination performed in August 1994 revealed benign prostatic hypertrophy. However the VA examiner did not review the veteran's service medical records prior to the examination and the history recorded, apparently obtained from the veteran, is inconsistent with the service medical records. As a result, no opinion is expressed as to the relationship between the veteran's current condition and the conditions diagnosed and treated in service. The veteran's service representative, in a December 1994 statement, requested that the veteran be given the opportunity to present testimony and medical evidence to show the existence of a chronic prostatic disorder since discharge from service. The veteran also seeks service connection for a back disability. This issue is deferred until completion of the development of the genitourinary issue. In light of the foregoing, this case is hereby REMANDED to the agency of original jurisdiction for the following actions: 1. The RO should contact the veteran and ask that he supply the names and addresses of all physicians or facilities which have treated the veteran for a prostatic disorder since discharge from service. After obtaining the proper authorization, the RO should attempt to obtain copies of these records. All copies obtained should be associated with the veteran's claims file. 2. The RO should obtain copies of all available treatment records, both inpatient and outpatient, from the VA Medical Center, Mountain Home, Tennessee, subsequent to August 1994 to present. All copies obtained should be associated with the veteran's claims folder. 3. After the above development has been accomplished, the RO should schedule the veteran for a special VA genitourinary examination, to determine the nature and extent of any genitourinary disability. The examiner must be provided with the veteran's claims file prior to the examination so that the examiner may review the veteran's service medical records and the post service medical records. The examiner is requested to identify any current disability of the prostate. This should include testing to determine if the veteran currently experiences prostatitis. All tests and studies deemed necessary should be performed and all clinical manifestations should be reported in detail. The examiner is requested to offer an opinion as to the etiology of any current prostate pathology. After the requested development has been completed, the veteran's claims should again be considered by the RO. Should the prior denial be confirmed, the case should be returned to the Board, if in order. No action is required of the veteran until he receives further notice. The Board intimates no opinion, either legal or factual, as to the disposition warranted in this case pending completion of the above actions. ROBERT D. PHILIPP 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).