BVA9505191 DOCKET NO. 93-10 812 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUE Entitlement to service connection for cause of death. INTRODUCTION The veteran had military service from January 1945 to August 1945. This matter comes before the Board of Veterans Appeals (Board) on appeal from a September 1992 decision by the Manila, Philippines Regional Office (RO) of the Department of Veterans Affairs (VA). REMAND The Board has, at this point, made no determination concerning the merits of this claim. We have determined, however, that the claim is well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). Because the claim is well grounded (plausible), there is a duty to assist the appellant, and it is in regard to the duty to assist that further development is required. The service medical records consist solely of an undated report of physical examination, which may be a service discharge examination, because it is attached to another document dated in August 1945. It is a completely negative examination. In January 1992, V. N. Sta. Maria, M.D., reported that he treated the veteran for pulmonary tuberculosis and myocardial insufficiency from 1947 to 1957. He noted that he had no medical records or X-rays because they all burned in a fire at his house in May 1983. For purposes of a well-grounded claim, this evidence suggests the presence of active pulmonary tuberculosis within the three year presumptive period following discharge from service. 38 U.S.C.A. § § 1101,1112,1113, (West 1991); 38 C.F.R. § § 3.307, 3.309 (1994). In connection with her claim, the appellant submitted what we consider to be an unofficial certificate of death executed by a parish priest in March 1985. It states that the veteran died of pulmonary tuberculosis on September 16, 1973. For purposes of the well-groundness of the claim, this evidence suggests that a disability which may be presumed to have been incurred in service, caused the veterans death. 38 U.S.C.A. § 1310 (West 1991); 38 C.F.R. § 3.312 (1994). In February 1982, a Philippine National Census and Statistics Office in Manila reported that there was no record of the veteran having died in calendar year 1974, in that office. It was suggested that contact be made with the Local Civil Registrar of Mulaney, Quezon. It is readily observable that the veteran is not reported to have died in 1974, but rather in September 1973. Further development is necessary. The case is remanded for the following action: The RO should conduct a field examination to ascertain if there is acceptable evidence of the veteran's death as required by the provisions of 38 C.F.R. § 3.211 (1994). This field examination should include, as a minimum, checking with both offices referred to in the above February 1982 report, to ascertain whether there is an official death certificate on file, which was completed by a person with medical credentials, who made a medical judgment as to the cause of death. If a death certificate exists, it should be obtained for association with the claims folder. If a death certificate does not exist, the reason for its absence should be explained. Contact should also be made with the Parish Priest who executed the church record of the veteran's death in 1985. The records of the church should be reviewed. The priest or his successor should be asked how it was ascertained that the veteran died of pulmonary tuberculosis. All leads developed by the field examiner regarding physicians who may have treated the veteran for pulmonary tuberculosis following his discharge from service, should be fully explored. When the above development is completed, the case should be reviewed by the RO. If the benefit appealed for is not granted, the appellant should be furnished with a supplemental statement of the case and afforded a reasonable time to reply thereto. Thereafter the case should be returned to the Board for further appellate consideration, if in order. No action is required of the appellant unless notified. The purpose of this remand is to procure clarifying data. BRUCE E. HYMAN 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) (1994).