BVA9500783 DOCKET NO. 93-07 156 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to service connection for cataracts. REPRESENTATION Appellant represented by: Virginia Department of Veterans Affairs ATTORNEY FOR THE BOARD M. Auer, Counsel REMAND The veteran served on active duty from February 1963 to August 1990. This appeal arises from a September 1991 rating decision of the Department of Veterans Affairs (VA), Roanoke, Virginia, Regional Office (RO). In that decision, service connection for cataracts was denied. When examined by the VA in August 1991, the veteran reported that he had received treatment for blurred vision from D. Shames, O.D., from January 1991 to August 1991. The claims folder does not include these records. The VA has a duty to assist the veteran in the development of facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals (Court) has held that fulfillment of the VA's duty to assist the veteran includes the procurement and consideration of any relevant medical records. Ferraro v. Derwinski, 1 Vet.App. 326, 334 (1991). Additionally, the veteran's service medical records show that cataracts were diagnosed in March 1987. The veteran has not received a visual examination from the VA since his discharge from service. It is the decision of the Board of Veterans' Appeals (Board) that further development is necessary. The Board finds that the actions ordered below are warranted even though the development will further delay the entry of a final decision in this appeal. Accordingly, the claim is REMANDED for the following actions: 1. The RO should contact the veteran and ask him to furnish the names and addresses of all medical personnel and facilities from whom he has received treatment for cataracts since his discharge from service. After obtaining the necessary authorization from the veteran, the RO should obtain available records from the named sources, including D. Shames, O.D. 2. The RO should obtain any available treatment records from the VA hospitals or medical centers where the veteran has received treatment since August 1990. 3. The veteran should be scheduled for an appropriate VA visual examination. The veteran's claims folder should be furnished to the examiner prior to the examination. The examiner should comment on the etiology, nature and extent of any visual disorder found. He or she should also compare or contrast any findings made with those reported by the veteran's private optometrist with attention to the history of visual complaints. All testing deemed appropriate by the examiner should be accomplished. The examiner should render an opinion as to whether the current findings are the same as or related to the findings of March 19, 1987 (DD Form 741). The report of the examination should be associated with the veteran's claims folder. 4. The RO should then review the veteran's claim in light of all the evidence and applicable legal criteria. The rating decision should reference the service medical records dated March 19, 1987, and April 6, 1987. If his claim remains denied, the veteran and his representative should be provided with a supplemental statement of the case that includes any additional pertinent law and regulations and a full discussion of the evidence in his case. The appropriate response time should be allowed. The case should be returned to the Board, if in order, after compliance with all regulatory 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. H. N. SCHWARTZ 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. 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).