BVA9503385 DOCKET NO. 93-11 673 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increase in the currently assigned 10 percent evaluation for residuals of peptic ulcer disease including vagotomy residuals, duodenal deformity and recurrent gastritis. 2. Entitlement to an increased (compensable) evaluation for sinus problems with headaches. 3. Entitlement to an increased (compensable) evaluation for residuals of a fracture of the left ulna and radius with radial deviation. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD C. D. Hayden, Counsel INTRODUCTION The veteran performed active duty from April 1969 to December 1971 and from January 1977 to August 1992. This matter has come before the Board of Veterans' Appeals (Board) on appeal from a January 1993 rating decision by the Department of Veterans Affairs (VA), Regional Office in Montgomery, Alabama, (RO). As pointed out by the representative, the veteran, in his February 1993 Notice of Disagreement, argued that the RO failed to make a determination regarding his knees. However, the January 1993 rating action denied service connection for chronic disability of the knees and the veteran was notified of this action that same month. That matter is not currently developed for appellate review. REMAND An allegation of increased disability generally establishes a well-grounded claim. Proscelle v. Derwinski, 2 Vet.App. 269 (1992). The VA has the duty to assist appellants in developing the facts pertinent to their claims. 38 U.S.C.A. § 5107(a) (West 1991). The appealed evaluations have been assigned on the basis of findings in the service medical records. The veteran has requested that he be given a current examination by the VA. Where the reasonable probability of a valid claim is indicated, a VA examination will be authorized. 38 C.F.R. § 3.326 (1994). A current examination report would be pertinent to the veteran's claim. Accordingly, the case is REMANDED for the following additional development: 1. The veteran should be invited to identify or submit any additional evidence he wishes to have considered. If he chooses to identify such evidence, he should provide sufficient detail such as the name of any examining and/or treating physician(s) and/or facility(ies) and the approximate date(s) of examination or treatment. He should also be requested to authorize the release of any medical information and be furnished the necessary forms to do so. The RO should assist the veteran in obtaining all information identified by him. 2. When the foregoing records have been obtained, or the veteran indicates there is no additional information he wishes to have considered, he should be examined to determine the extent of disability from his gastrointestinal disorder, sinus disorder, and residuals of the fractured left arm. The examination should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations (Physician's Guide) and should include all indicated tests and studies. The examiner should be requested to obtain a complete history from the veteran including a description of the manifestations of his peptic ulcer disease, frequency and duration of exacerbations as well as a record of the symptomatology during such exacerbations, also, a complete history of the frequency and severity of headaches should be obtained. The examiner should also be requested to comment upon any impairment of grip strength in the veteran's left hand or, if possible, measure grip strength in each hand. The claims folder should be made available to the examiner prior to the examination. 3. When the foregoing development has been completed, the appealed issues should be reevaluated by the RO. If the benefits sought on appeal are not granted to the veteran's satisfaction, he and his representative should be furnished a supplemental statement of the case and afforded a suitable opportunity to respond. Thereafter, the case should be returned to the Board in accordance with the procedures for processing appeals. No further action is required of the veteran until he receives further notice. By this REMAND, the Board intimates no opinion, factual or legal, regarding the decision warranted pending completion of the requested development. THOMAS J. DANNAHER 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).