BVA9503919 DOCKET NO. 93-04 255 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a disability rating in excess of 20 percent for right biceps repair with radial neuropathy. ATTORNEY FOR THE BOARD Margaret L. Peak, Associate Counsel INTRODUCTION The veteran had active service from August 1960 to August 1963. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. REMAND A VA compensation and pension examination was conducted in October 1992. In the report of that examination, it was noted that nerve conduction studies and electromyographic testing had been scheduled for November 1992, in order to evaluate the remnant symptomatic complaints. The record reflects that the RO has not obtained the records pertaining to these November 1992 studies or any other VA outpatient records for the period since July 1992. Further development being required in order to complete the record, the case is, therefore, REMANDED for the following action: 1. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for his service connected disability in recent years. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. In any event, the RO should obtain copies of the veteran's VA outpatient records for the period since July 1992. 2. When the above development has been completed, the veteran should be afforded a VA examination by a board-certified neurologist, if available, to determine the present level of disability occasioned by residuals of postoperative repair of the right biceps with radial nerve involvement. All indicated studies should be performed, including nerve conduction studies and electro- myographic testing. The claims folder and a copy of this REMAND should be provided to the examining physician for review prior to the examination. 3. The veteran should be afforded a VA examination by a board-certified orthopedist, if available, to determine the present level of disability occasioned by residuals of postoperative repair of the right biceps. All indicated studies should be performed. The claims file should be made available to the examiner for review prior to the examination. 4. The RO should then readjudicate the issue of entitlement to an increased rating for postoperative repair of the right biceps with radial nerve involvement, considering the entire history of the disability and all potentially applicable regulations, as discussed in Schafrath v. Derwinski, 1 Vet.App. 589, 592-593 (1991). If the benefit sought on appeal is not granted to the veteran's satisfaction, the veteran should be given a supplemental statement of the case and afforded an opportunity to respond. Then, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action by the veteran is required until he is otherwise notified. SHANE A. DURKIN 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 (CONTINUED ON NEXT PAGE) 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).