BVA9501581 DOCKET NO. 93-06 308 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES Entitlement to service connection for a low back disorder, a bilateral knee disorder, and a bilateral foot disorder. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Neil Reiter, Counsel INTRODUCTION The veteran served on active duty from February 1984 to November 1990. This case came before the Board of Veterans' Appeals (the Board) on appeal from an October 1991 rating decision of the Indianapolis, Indiana, Department of Veterans Affairs (VA), Regional Office (RO). In addition to the stated issues, the veteran's notice of disagreement also referred to claims for service connection for hearing loss, a psychiatric disorder, and a disorder manifested by blackout spells. The initial statement of the case addressed all these issues. The veteran's substantive appeal referred only to a "condition." At a hearing in June 1992, it was stipulated that the issues for consideration were the three issues stated on the preceding page. The hearing officer's decision addressed only these three issues ,and they are the only issues certified on appeal by the RO. Accordingly, we consider any additional issues to be withdrawn and not properly before us. REMAND The veteran's service medical records are critical to his claims. It is particularly noteworthy that on VA examination approximately two months after the veteran's discharge from active service arthritic changes were shown by X-ray, and clinical examination produced a diagnosis of prepatellar bursitis. The RO has determined that the veteran's service medical records are unavailable; but it appears that the search for such records was less than exhaustive. Apparently, the Naval Reserve Personnel Center and the National Personnel Records Center were the two facilities primarily contacted. The veteran testified at a hearing at the RO that his last sea duty assignment was Adak, Alaska, and that he processed out from service at the Puget Sound Naval Base and turned in his medical records there. An exhaustive search for such records is mandated by the facts of this case. Accordingly, the case is REMANDED to the RO for the following: 1. The veteran should be contacted and asked to provide detailed information regarding his duty stations. 2. The RO should then arrange for an exhaustive search for the veteran's complete service medical records. The search should encompass all duty stations listed by the veteran, all service medical records depositories, and the veteran's service personnel file (to which the service medical records or a microfiche of such records may have been attached). If the records cannot be located, they should be certified as lost. 3. If the service medical records are located and include information which mandates further development, such development should be accomplished. The case should then be reviewed by the RO in light of any additional information obtained. If the benefits sought remain denied, the RO should provide a supplemental statement of the case to the veteran and his representative and give them ample opportunity to respond. The case should then be returned to the Board for further appellate review. No action by the veteran is necessary until he is notified. (CONTINUED ON NEXT PAGE GEORGE R. SENYK 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).