BVA9503093 DOCKET NO. 93-13 254 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement to service connection for rheumatic heart disease. 2. Entitlement to an increased (compensable) disability evaluation for a deviated nasal septum. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active service from February 1945 to December 1948. This matter comes before the Board of Veterans' Appeals (Board) from a December 1992 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado. At an April 1993 hearing, the veteran testified regarding his breathing difficulty. However, the record does not contain any clinical findings referable to the deviated nasal septum to allow for an informed decision regarding the rating of the disability. The duty to assist the veteran in the development of the claim includes obtaining contemporaneous and thorough medical evaluations and relevant treatment records to insure that a decision is an informed one. In view of the foregoing, it is the opinion of the Board that further development, as indicated below, is desirable. Accordingly, the case is REMANDED to the RO for the following actions: 1. The veteran should be contacted and asked to provide information regarding VA and non VA treatment that he has received recently for his deviated nasal septum. After obtaining any necessary release authorization, the RO should obtain all records identified and associate them with the claims folder. 2. Thereafter, the veteran should be scheduled for an examination by a specialist in ear, nose and throat disorders, if available, to determine the current severity of the deviated nasal septum. All studies deemed indicated should be accomplished. The claims folder must be made available to the examiner prior to the examination. 3. The RO should then readjudicate the claim for an increased rating for a deviated nasal septum. If the benefit sought on appeal is not granted to the satisfaction of the veteran, a supplemental statement of the case should be issued and the veteran and his representative provided the appropriate period to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to the final outcome warranted. No action is required of the veteran until he is notified by the RO. The Board has deferred a decision in the matter of service connection for rheumatic heart disease until the action ordered above has been completed. 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 deter- mination. 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).