BVA9506498 DOCKET NO. 93-15 802 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for a heart disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. M. Flatley, Counsel INTRODUCTION The veteran's active service has been confirmed as extending from April 1974 to February 1992, with a prior period of active service in excess of six years noted. In a letter received at the Board of Veterans' Appeals (Board) in August 1993, the veteran expressed concern as to the adjudication of his claim of service connection for prostate and kidney disorders. Contrary to the veteran's apparent understanding, the record indicates service connection was not allowed for a kidney condition, but for benign prostatic hypertrophy "claimed" as a kidney condition. The matter is referred to the regional office (RO) for clarification and any appropriate action. REMAND Initial review of the record indicates that the veteran has submitted a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991). The Department of Veterans Affairs (VA) therefore has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a); Murphy v. Derwinski, 1 Vet.App. 78, 81-82 (1990). In this case, additional pertinent evidence was received at the Board subsequent to the transfer of the veteran's case from the RO. Such records include reports of examinations conducted in response to the veteran's complaints of palpitations; follow-up evaluations were indicated. In a January 1994 statement submitted on appeal, the veteran's representative emphasized that the records include a diagnosis of a ratable cardiac disability. In addition, the veteran related instances in service in which he experienced cardiac symptomatology. His representative has stressed that the veteran has not undergone a comprehensive cardiology examination since service. Upon review of the record, the Board is of the opinion that additional clinical data may prove helpful in the evaluation of the veteran's claim. In order to fully assist the veteran in the development of his case and extend to the veteran every equitable consideration, therefore, the Board concludes that additional development is warranted. As such, this case is REMANDED for the following: 1. After any necessary information and authorization are obtained from the veteran, records of any post-December 1993 treatment, VA or private, inpatient or outpatient, associated with the veteran's claimed heart disorder, should be obtained by the RO and incorporated into the claims folder. 2. A special VA cardiology examination should be scheduled to determine the nature and etiology of any cardiac pathology. The examination should be conducted in accordance with the appropriate provisions of the VA's Physician's Guide for Disability Evaluation Examinations. The veteran's claims folder should be provided to the examiner for review prior to the examination. Any symptoms and complaints and the history thereof should be addressed and all indicated studies should be conducted. In particular, the examiner should be requested to provide an opinion with respect to whether any cardiac arrhythmia currently present is indicative of a disease process and, if so, the degree of probability, if any, that such pathology is related to service. 3. The RO should then review the veteran's claim, including in light of all additional evidence received since its most recent pertinent rating action. If the veteran's claim remains in a denied status, he and his representative should be provided with a supplemental statement of the case, which includes all pertinent law and regulations and a full discussion of action taken on the veteran's claim, consistent with the Court's instruction in Gilbert v. Derwinski, 1 Vet.App. 49 (1990). They should be afforded the applicable time to respond. The case should then be returned to the Board, if in order, after compliance with customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 133-446, § 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) (1994).