Citation NR: 9723905	
Decision Date: 07/10/97		Archive Date: 07/21/97
DOCKET NO.  96-05 992	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Winston-
Salem, North Carolina



THE ISSUES

Entitlement to service connection for residuals of a throat 
operation, a hole in the esophagus, a hole in the stomach, 
hiatal hernia, skin cancer, an acquired psychiatric 
disability to included post-traumatic stress disorder (PTSD), 
a respiratory disorder, a disorder manifested by weakness of 
the extremities, and athletes feet.



REPRESENTATION

Appellant represented by:	The American Legion



ATTORNEY FOR THE BOARD

Suzie S. Gaston, Counsel



INTRODUCTION

The veteran had active military service from August 1963 to 
May 1965.  He has been represented throughout his appeal by 
The American Legion.  

A rating action of May 1984 denied service connection for 
residuals of throat operation and tonsillitis.  The veteran 
did not appeal that determination within one year of the 
notice thereof in May 1984, and that decision became final.  
Subsequently, a rating action of May 1988 denied service 
connection for tonsillitis, residuals of Agent Orange, hiatal 
hernia, a hole in the esophagus, a hole in the stomach, skin 
cancers, cysts, and low tolerance for colds and diseases.  
The veteran did not appeal that determination within one year 
of the notice thereof, and that decision became final.  


This current matter came before the Board of Veterans’ 
Appeals (hereinafter Board) on appeal from July 1995 and 
later rating decisions by the Winston-Salem, North Carolina 
Regional Office (RO) which denied the veteran’s attempt to 
reopen his claims for service connection for residuals of 
throat operation, hiatal hernia, a hole in the esophagus, a 
hole in the stomach, skin cancers, and an acquired 
psychiatric disability; and denied the veteran’s claims for 
service connection for PTSD, a respiratory condition, 
athletes feet, and a disorder manifested by weakness of the 
extremities.  A longitudinal review of the record indicates 
that the veteran believes that his disabilities are related 
to exposure to Agent Orange while in Vietnam.  Since the 
final May 1988 RO rating action denying service connection 
for residuals of Agent Orange, various laws and regulations 
have been enacted or amended to allow for service connection 
for various disorders on a presumptive basis if due to such 
exposure.  Under the circumstances in this case, the Board 
has classified the issues as shown on the first page of this 
remand and will review all of the veteran’s claims for 
service connection for the various disorders on a de novo 
basis. 



REMAND

The record reflects that in January 1980, the veteran 
underwent an excision of a lesion which was diagnosed as 
basal cell carcinoma.  In addition, the recent treatment 
records, dated from November 1990 to January 1995 reflect 
that the veteran was receiving treatment for various skin 
conditions.  The veteran asserts that he has skin cancer and 
multiple medical conditions due to exposure to Agent Orange 
while in Vietnam.

In light of the foregoing, and in keeping with VA's duty to 
assist the veteran in the development of facts pertaining to 
his claim, 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. 
§ 3.103(a) (1996), the Board finds that further development 
is in order prior to appellate disposition of this case.  
Accordingly, the Board hereby REMANDS this case to the RO for 
the following actions:  


1.  The RO should contact the veteran 
and request that he provide the names 
and addresses of each source of 
treatment for all disabilities since 
discharge from service.  He should also 
be advised of his right to claim service 
connection for any additional disorder 
that he believes is due to exposure to 
Agent Orange or other incident of 
service, and to submit evidence with 
regard to such claim.  The submitted 
information should include the names of 
both VA and private facilities.  After 
obtaining the necessary permission from 
the veteran, these records should be 
obtained and associated with the claims 
folder.  


2.  The veteran should be afforded 
appropriate VA medical examination in 
order to determine the nature and extent 
of the disorders being considered in 
this appeal, and to obtain opinions as 
to the etiology of any such disorders 
found.  Any tests or specialist 
consultations recommended by any 
examiner should be undertaken.  The 
examiner/s should give fully reasoned 
opinions as to the etiology of any 
chronic disorder found, including any 
relationship to exposure to agent orange 
while in Vietnam.  The examiner/s should 
support the opinions by discussing 
medical principles as applied to 
specific medical evidence in the 
veteran’s case.  In order to assist the 
examiner/s in providing the requested 
information, the claims folder should be 
made available to the physician/s and 
reviewed prior to the examination.


3.  Thereafter, the RO should 
readjudicate the issues of entitlement 
to service connection for the claimed 
disorders, including whether they are 
related to exposure to Agent Orange.  If 
the decision remains adverse to the 
veteran, both he and his representative 
should be furnished a supplemental 
statement of the case which summarizes 
the pertinent evidence, all applicable 
law and regulations, including the 
provisions of 38 C.F.R. §§ 3.307(a)(6) 
and 3.309(e), and reflects detailed 
reasons and bases for the decision.  
They should then be afforded the 
applicable time period in which to 
respond.  



After the above actions have been accomplished, 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.  

By this REMAND the Board intimates no opinion, either legal 
or factual, as to the ultimate determination warranted in 
this case.  The purpose of this REMAND is to further develop 
the record and to accord the veteran due process of law.  



		
	RICHARD V. CHAMBERLAIN
	Acting Member, Board of Veterans' Appeals

38 U.S.C.A. § 7102 (West Supp. 1996) 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) 
(1996).

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