BVA9500017 DOCKET NO. 93-05876 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to service connection for bronchiectasis. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant INTRODUCTION In an August 1992 statement, the veteran referred to a claim for pension. The regional office (RO) is requested to take appropriate action. REMAND The veteran had active service from August 1944 to March 1946. The issue which was developed and certified on appeal was characterized as whether new and material evidence has been submitted to re-open a claim of entitlement to service connection for bronchiectasis. However, the issue is properly characterized as set forth on the title page of this decision because new and material evidence has, in fact, been submitted since the last final decision on the merits. (See Glynn v. Brown, 6 Vet. App. 523 (1994), wherein the United States Court of Veterans Appeals held that in order to determine whether a claim is re-opened, review must be made of all of the evidence submitted by a claimant since the last final denial of the merits of a claim.) In this case, the April 1966 statement from W.D. Hastings, M.D. was received after the last final denial of the merits of this claim. This statement is both new and material evidence with respect to whether bronchiectasis is related to service and, accordingly, the claim is re-opened and should be adjudicated as such. In addition, the record shows that there are outstanding medical records which are relevant to the issue under consideration. These records should be obtained before case is decided. In view of the foregoing, the case is REMANDED for the following action: 1. The RO is to take the necessary steps to obtain the following private medical records: all records from Dr. Richard Pollitzer which date from 1949; all records from Spartanburg Regional Medical Center which date from 1948; all records from Dr. Charles Hanna which date from 1954; all records from Dr. H.H. Koopman which date from 1947; and all records from Dr. P.M. Temples which date from 1949. 2. The RO is to take the necessary steps to obtain copies of all of the veteran's records from the Columbia, South Carolina, VA Medical Center which date from 1948 and of all his records from the Greenville South Carolina VA Outpatient Clinic. 3. When the aforementioned development has been completed, the RO is to schedule the veteran for a VA pulmonary examination by a Board certified specialist, if possible. The purpose of the examination is to establish whether bronchiectasis is related to service. The examination should be conducted in accordance with the Physician's Guide. Any indicated tests should be accomplished. The examiner is then to express an opinion as to: (1) did bronchiectasis have its onset in service, and, if not, the probable date of onset; and (2) was bronchiectasis caused by or related to the respiratory symptoms in service? The reasoning which forms the basis of this opinion should be set forth in detail. The claims folder mustbe made available for the examiner's review prior to the examination, and it is requested that the examiner indicate affirmatively in the report that this has, in fact, been the case. 4. When this development has been completed, the RO should review the claim on its merits. If it remains in a denied status, the veteran and his representative should be provided with an appropriate supplemental statement of the case. The case should then be returned to the Board. NANCY I. PHILLIPS 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).