BVA9501583 DOCKET NO. 93-07 584 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a tumor of the right foot. 2. Entitlement to service connection for a nervous stomach. 3. Entitlement to service connection for bloody stool. 4. Entitlement to service connection for hypoglycemia. REPRESENTATION Appellant represented by: Florida Department of Veterans Affairs REMAND The veteran had active duty from July 1990 to January 1991. The veteran's representative has noted that the regional office incorrectly reported the service dates in the statement of the case. The regional office denied service connection for bloody stools and hypoglycemia as constitutional or developmental abnormalities. Regardless of the fact that an inservice examiner noted the presence of hemorrhoids, the opinion of the regional office is not supported by the record. The Board notes that the veteran reported that hypoglycemia had been diagnosed prior to service. No attempt was made to obtain the records. We also note that the opinion that the tumor preexisted service is not clearly supported by medical opinion. Despite the veteran's comment that there had been an earlier mass, the inservice examiners did not diagnose the condition as existing prior to service. 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 veteran should be afforded a VA examination. The examiner should determine whether the veteran has hypoglycemia, a psychiatric disorder or bloody stools. If any of the above is present, the etiology should be established. The claims folder should be made available to the examiner for review before the examination. 2. The regional office should attempt to obtain copies of all preservice medical records, including any documentation that hypoglycemia preexisted service. 3. The regional office should have the claims file reviewed by an examiner who is familiar with giant cell tumors. The examiner should review the record and render a determination as to whether the symptoms noted in the service medical records represented a giant cell tumor that preexisted service. In addition, if the giant cell tumor preexisted service, the examiner should render an opinion as to whether there was an increase in severity of the tumor during service. If there was an increase in severity, the examiner should enter an opinion as to whether the increase was due to natural progress or some other cause. 4. If the regional office enters a decision that bloody stools and hypoglycemia are constitutional or developmental conditions, such decision must be supported by medical evidence. If the regional office changes the reason for the denial of service connection, a formal rating decision and an appropriate supplemental statement of the case should be issued. All decsions must be supported by evidence. 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. H. N. SCHWARTZ 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. (CONTINUED ON NEXT PAGE) 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).