BVA9500837 DOCKET NO. 93-11 619 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to an increased disability evaluation for bilateral varicose veins, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Gregory D. Keenum, Attorney WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Anna Bryant, Counsel INTRODUCTION The veteran had active military service from November 1965 to March 1966. This matter came before the Board of Veterans' Appeals (Board) on appeal from an April 1992 rating decision of the Jackson, Mississippi, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claim seeking entitlement to an increased disability evaluation for his service-connected bilateral varicose veins. REMAND The veteran and his attorney contend that an increased disability evaluation is warranted for the veteran's service-connected bilateral varicose veins. At the time of the veteran's hearing on appeal before a hearing officer in January 1993, he testified that he suffers from persistent pain in his legs and that he was receiving outpatient treatment on a regular basis. Review of the evidentiary record reflects that the veteran has not been afforded an examination for the purpose of determining the degree of severity associated with his bilateral varicose veins since December 1991. Under the circumstances of this case, the Board concludes that additional medical development of the record would be beneficial prior to appellate disposition. Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following action: 1. The veteran should be requested to identify all sources of recent treatment received by him for his service-connected bilateral varicose veins, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should schedule the veteran for an examination by an appropriate specialist for the purpose of determining the current severity of his service-connected bilateral varicose veins. All indicated tests and studies should be performed and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations. Any functional limitation of the legs due to pain should be reported. The claims folder should be made available and reviewed by the examiner prior to the examination of the veteran. After the above development has been completed, the case should again be reviewed by the RO. If the determination remains adverse to the veteran, he and his attorney should be furnished a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions, and reflects detailed reasons and bases for the decision reached. The veteran and his attorney 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, following appropriate appellate procedures. The purpose of the REMAND is to further develop the record. The Board does not intimate any opinion, either factual or legal, as to the ultimate disposition warranted in this case. No action is required of the veteran until he receives further notice. GARY L. GICK 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).