Citation Nr: 9811350 Decision Date: 04/13/98 Archive Date: 04/28/98 DOCKET NO. 97-03 384 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Albuquerque, New Mexico THE ISSUES 1. Entitlement to service connection for a skin disorder. 2. Entitlement to service connection for stomach disorder. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD L. M. Ferris INTRODUCTION The veteran had active service from January 1964 to January 1966. He had foreign service totaling five months and three days. This matter comes before the Board of Veterans Appeals (Board) on appeal of October 1995 and June 1996 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO), located in Albuquerque, New Mexico. In a February 1997 rating decision, the RO deferred rating as to malaria pending receipt of treatment records for 1966 through 1968 from the Department of Veterans Affairs Medical Center (VAMC), Albuquerque, New Mexico, and any records the veteran has showing initial treatment and subsequent treatment. The RO has not yet requested the VAMC records. At a hearing in October 1997, the veteran also indicated that he received treatment for malaria from the VAMC in Long Beach, California. This matter is referred to the RO for appropriate action. REMAND A hearing was held before a member of the Board in Albuquerque, New Mexico, in October 1997. At that time, the veteran testified that after he returned to the States from Vietnam in 1966, he was treated at the VAMC in Long Beach, California. While the veteran testified that this treatment was primarily for malaria, he also indicated that he was seen for a skin rash and for a stomach disorder. These records are not on file. The veteran also stated that he was treated by the VAMC in Albuquerque, New Mexico, beginning in 1968 for these disorders. These records are also not on file. VA treatment records are constructively of record. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). If records of VA treatment are material to the issue on appeal and are not included within the claims folder, a remand is necessary to acquire such VA records. Id. As stated above, the VAMC records from Long Beach, California, and Albuquerque, New Mexico, appear facially relevant to the claim on appeal. An effort to obtain them, therefore, is necessary. Additionally, inasmuch as one theory of entitlement is based upon the veteran’s exposure to Agent Orange, some documentation should be obtained to show that he served in the Republic of Vietnam during the time period specified in 38 C.F.R. § 3.307(a)(6). In accordance with the statutory duty to assist the veteran in the development of evidence pertinent to his claim, the case is REMANDED for the following action: 1. The RO should request the veteran to identify all physicians who have treated him for skin rash and for a stomach disorder. The RO should then obtain medical records from all sources identified by the veteran which are not already of record, including records from the VAMCs located in Long Beach, California, beginning in 1966 and in Albuquerque, New Mexico, beginning in 1968. 2. The RO should also attempt to locate some documentation regarding whether the veteran served in the Republic of Vietnam during the time period specified in 38 C.F.R. § 3.307(a)(6). by requesting the appropriate pages from the personnel file showing the veteran’s unit of assignment, dates of assignment, and official travel outside the continental United States and any other search the RO deems appropriate. 3. If a well-grounded claim is presented with regard to the issue of service connection for a skin disorder, the RO should then arrange for the veteran to be scheduled for an examination by an appropriate specialist in order to determine the nature and severity of any skin disorder. All testing deemed necessary should be performed. In conjunction with a review of the claims folder, the examiner should render an opinion as to whether the veteran currently has chloracne or other acneform disease consistent with chloracne. The examiner should offer an opinion as to whether it is at least as likely as not that any diagnosed skin disorder now present is related to the veteran’s service, to include his exposure to exposure to Agent Orange in service. 4. If a well-grounded claim is presented with regard to the issue of service connection for a stomach disorder, the records in this case should be returned to the physician who examined the veteran in September 1996 and diagnosed gastroesophageal reflux disease and hiatal hernia for review of pertinent material in the claims folder and an opinion as to whether it is at least as likely as not that any diagnosed stomach disorder now present is related to the veteran’s military service. If this examiner is no longer available, or if the examiner finds that another examination of the veteran would be helpful in formulating such an opinion, the veteran should be scheduled for examination. Thereafter, the RO should readjudicate the claim. If the benefit sought is not granted, the veteran and his representative should be furnished a supplemental statement of the case, covering all issues on appeal. The veteran and the representative must be accorded an opportunity to respond. The case should then be returned to the Board for further appellate consideration. By this action the Board intimates no opinion, legal or factual, as to the ultimate disposition warranted. This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Veterans Appeals for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans’ Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1997) (Historical and Statutory Notes). In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03. GARY L. GICK Member, Board of Veterans' Appeals 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) (1997). - 2 -