BVA9500097 DOCKET NO. 93-09 041 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: Texas Veterans Commission ATTORNEY FOR THE BOARD Jeanne Schlegel, Associate Counsel INTRODUCTION The RO has only recognized a period of active service from October 1940 to June 1945, however, it appears from the current record that the veteran had several periods of active duty covering the years from 1937 to 1962. Based upon copies of discharge certificates submitted by the appellant, his dates of service were: September 1937 to October 1940; October 1940 to June 1945; April 1947 to March 1950; March 1950 to March 1956; March 1956 to March 1960; and, March 1960 to September 1962. This matter comes before the Board of Veterans' Appeals (the Board) from a rating determination by the Department of Veterans Affairs (VA) Regional Office (RO). In its January 1992 determination, the RO denied service connection for the cause of the veteran's death. REMAND In view of the evidence currently of record in the available service medical records, the information on the death certificate and the potential existence of additional service medical records, the Board must make a preliminary findings that the appellant's claim for entitlement to service connection for the cause of the veteran's death is well-grounded in the sense that her claim is capable of substantiation in accordance with 38 U.S.C.A. § 5107 (West 1991). Murphy v. Derwinski, 1 Vet.App. (1990). Once it has been determined that the claim is well- grounded, the VA has a statutory duty to assist the appellant in the development of evidence pertinent to the claim. The veteran died on August [redacted] 1991. The death certificate lists the cause of death as cardiopulmonary arrest due to ventricular fibrillation and acute myocardial infraction. No autopsy was performed. Service medical records now in the claims file cover various dates during the first two periods of service from 1937 to 1945. These records contain references to a systolic murmur in 1941 and 1942, which was evaluated and found to be functional in nature. No murmur was noted after 1943, and the separation examination in 1945 was normal with respect to complaints, history or findings of a cardiovascular disability. In September 1991, the RO received various documents from the appellant in support of the claim. Included were copies of six discharges. As noted above, these appear to show the veteran had several periods of service beginning with enlistment in the Army in September 1937 and concluding with retirement from the Air Force in March 1962. Most, but not all, of the periods of service, ran consecutively. The statement of the case dated June 1992, reflects that the RO was in receipt of this evidence prior to its rating determination of January 1992. However, the record does not show that a request was made for service medical records from the periods of service after June 1945. In October 1991, the RO sent a letter to the appellant requesting that she identify the dates and places of the veterans initial treatment for heart and lung disease. The appellant replied in November 1991 that the initial treatment for these conditions was in service, however, she provided no particulars, noting that she married the veteran in 1973. She submitted an authorization for release of information from the St. Mary's Hospital, Port Author Texas. The record does not appear to show that any records were requested from this facility. The certificate of death shows terminal hospitalization was at St. Elizabeth's Hospital, Beaumont, Texas. It also shows the veteran had been employed as a city fireman in Beaumont. Given that the record indicates that the veteran served for a total of over 20 years and that only a small portion of his service medical records were considered in the evaluation of this claim, and that the records which are on file show complaints and findings relating to the condition of the heart in service, the Board is of the opinion that further development must be attempted prior to rendering a final determination in this case. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO is requested to ascertain all of the appellant's dates of service, including any periods of reserve duty. Subsequently, the RO should obtain the veteran's service medical records for all verified periods of service. 2. The RO should again contact the appellant and request that she identify to the best of her ability the dates and places of all medical care the veteran received post service. The appellant is advised that this information may be vital to her claim, and that failure to cooperate in this effort may have adverse consequences. Thereafter, appropriate action should be taken to secure copies of such records. A specific request should be made for the records of terminal hospitalization at St. Elizabeth's Hospital, and for any medical records compiled in the course of the veteran's reported post service employment as a fireman for the city of Beaumont, Texas. 3. Following this development, the RO should review the additional records. If, in the sound discretion of the RO, the additional records appear to warrant a referral of the claim for a medical opinion as to whether there is any causal connection between the cause of death and any disability resulting from disease or injury in service, the RO may refer the record to an appropriate VA medical specialist for an opinion. Thereafter, the case should be reviewed by the RO. If the benefits sought are not granted, a supplemental statement of the case should be issued to the appellant and his representative and they should be provided an opportunity to respond. Subsequently, the claims folder should be returned to the Board for further review, if necessary. By this action, the Board intimates no opinion legal or factual, as to the ultimate disposition warranted as to this specific issue. RICHARD B. FRANK 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).