BVA9501492 DOCKET NO. 93-12 424 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUE Entitlement to an increased evaluation for duodenal ulcer disease, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from August 1943 to February 1946. This appeal arises from a June 1990 rating decision continuing a 10 percent disability evaluation for duodenal ulcer disease. It has been contended that the June 1990 rating decision is not consistent with the evidence as the veteran's health has deteriorated as the result of his worsening duodenal ulcer disease. The veteran's representative notes that there has not been a recent, comprehensive medical examination by the Department of Veterans Affairs (VA). The Board of Veterans' Appeals (Board), having reviewed the record, finds that further development is required. Accordingly, the issue is being REMANDED to the originating agency for the following action: 1. The originating agency should request copies of all of the treatment records, both inpatient and outpatient, dated subsequent to May 1990 from the VA Medical Center, San Juan. All documents obtained should be associated with the veteran's claims file. 2. After obtaining the requested medical records, the originating agency should schedule the veteran for a gastroenterologic examination to evaluate the current severity of the duodenal ulcer disease. All necessary tests and studies should be performed and all clinical manifestations should be reported in detail. The examiner should be given access to the veteran's claims file for a sufficient period of time to allow for a review of the record in connection with the examination. 3. Upon completion of the above, the originating agency should review this case. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the statement of the case and includes comprehensive reasons for the decision should be issued to the veteran and his representative. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the veteran until he receives further notice. 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. 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).