BVA9504582 DOCKET NO. 93-10 282 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES Entitlement to service connection for a low back disorder. Entitlement to service connection for bilateral hearing loss. Entitlement to service connection for a left eye disorder. Entitlement to service connection for the residuals of a head injury. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD J. L. Prichard, Associate Counsel REMAND The veteran had active service from July 1943 to March 1944. The veteran contends that he developed the claimed disorders as a result of active service. He states that he sustained a low back injury in service and that his current low back pathology is a residual of such injury. He further asserts that he sustained a head injury during service and that he continues to have residuals of this injury. The veteran specifically stated that he was treated for the claimed disorders at the Jacksonville Naval Hospital in 1943. He also indicated that he received and continues to receive treatment for his disabilities from the Department of Veterans Affairs (VA) medical center in Miami, Florida, and from the VA hospital in Coral Gables, Florida. Those treatment records are not contained in the claims folder. In addition, the record indicates that the veteran was hospitalized for various disorders at Mercy Hospital in Miami, Florida. Those hospital records have not been obtained. The Board of Veterans' Appeals (Board) notes that one of the reasons the regional office (RO) denied the veteran's claims in a January 1993 rating decision was that his hearing loss, eye disorder, and residuals of a head injury were not currently shown by the evidence of record. The veteran's representative has requested that this case be remanded in order to obtain the VA and private medical records to show the current existence of the claimed disabilities. The VA has a duty to assist the veteran in the development of all facts pertinent to his claim. 38 U. S.C.A. § 5107 (West 1991). Therefore, in order to assist the veteran in the development of his claim, the Board finds that it must remand this case for the following development: 1. The RO should make every effort to obtain and associate with the claims folder the records of any treatment the veteran received at Jacksonville Naval Hospital in 1943. If such records do not exist or are lost, it should be so certified. 2. The veteran should be requested to provide a listing of all sources of treatment he received for the claimed disorders from service to the present. The RO should obtain the records of such treatment and associate them with his claims folder. The records obtained should specifically include the records of treatment for the claimed disorders at the Coral Gables, Florida, and Miami, Florida, VA medical facilities and at Mercy Hospital in Miami, Florida. 3. If the treatment records obtained establish the need for further development, such as an examination to determine the nature and probable etiology of a disorder for which the veteran has been, or is being, treated, such development should be accomplished. Following completion of the development requested above, the RO should review the veteran's claims on the basis of the additional evidence. If the decisions remain unfavorable to the veteran, both he and his representative should be issued an appropriate supplemental statement of the case and given ample opportunity to respond. The case should then be returned to the Board for further appellate review. The purpose of this remand is to assist the veteran in the development of his claim, and the Board does not intimate any opinion, either legal or factual, as to the ultimate disposition warranted in this case. (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) (1994).