BVA9502817 DOCKET NO. 91-15 109 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUE Entitlement to service connection for multiple sclerosis. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. K. Mulroy, Associate Counsel INTRODUCTION The veteran served from May 1986 to October 1988. She was originally denied service connection for multiple sclerosis by the Portland, Oregon, Regional Office (hereinafter the RO), in a decision dated in June 1989 and has appealed the denial. In decisions dated in June 1991 and September 1992, the Board of Veterans Appeals (hereinafter the Board) remanded the case for additional development. The veteran is represented by the American Legion. REMAND The veteran contends that she developed early multiple sclerosis during service, as diagnosed by her private physician who treated her during and since service. She maintains that she is therefore entitled to service connection for multiple sclerosis. The veteran's representative has requested a remand in order to attempt to obtain additional records including all the records relating to a Coast Guard physical evaluation board. In reviewing the record, the Board notes that subsequent to the latest remand action in this case, an October 1993 Physical Evaluation Board decision of the Coast Guard was made indicating that the veteran was deemed permanently retired due to multiple sclerosis. The veteran's representative requests that the case once again be remanded so that a complete copy of the Physical Evaluation Board proceedings, including any testimony taken, and medical records considered, be sought from Headquarters United States Coast Guard. It is not clear from the file that all pertinent records relating to the latest Physical Evaluation Board decision have been secured, and in light of the entreaties made by the representative in conjunction with the statutory duty to assist the veteran in proving her claim, this appeal once again requires additional development. Accordingly, the case is being REMANDED for the following action: Headquarters, United States Coast Guard, or other appropriate repository should be contacted and requested to submit copies of all documentation, including testimony taken and clinical evidence considered in conjunction with the October 1993 Physical Evaluation Board determination that the veteran was permanently retired due to multiple sclerosis. When the above development has been completed, the case should again be reviewed by the originating agency. If the decision remains adverse to the veteran, she and her representative should be furnished a Supplemental Statement of the Case and afforded a reasonable period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need not take any action unless she is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. E. W. SEERY 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).