Citation Nr: 1240002	
Decision Date: 11/21/12    Archive Date: 11/27/12

DOCKET NO.  11-27 277	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUE

Entitlement to a rating in excess of 10 percent for duodenal ulcer. 


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

A. Haddock, Associate Counsel


INTRODUCTION

The appellant is a Veteran who served on active duty from July to September 1944.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decision of the Houston, Texas Department of Veterans Affairs (VA) Regional Office (RO).  

Also as an initial matter, the Board notes that it has reviewed not only the Veteran's physical claims file, but also the "Virtual VA" system.  A review of the documents in Virtual VA found that they are either duplicates of evidence in the claims file or are not relevant to the issue on appeal.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if any action on his part is required.


REMAND

While the notice provisions of the VCAA appear to be satisfied, a review of the record found that further development is necessary for VA to satisfy its duty to assist the Veteran in the development of his claim.  Pertinent treatment records appear to be outstanding.  Specifically, electronic treatment records from the Audie Murphy San Antonio VA Medical Center (VAMC) from July 2009 to August 2010 identified by the RO and considered, in the September 2010 rating decision and a September 2011 statement of the case are not associated with the Veteran's paper claims file or in "Virtual VA" (and are unavailable for the Board's review).  Furthermore, at a May 2011 hearing before a Decision Review Officer, the Veteran reported he receives treatment for the disability at issue at the Audie Murphy VA Hospital.  As records of all treatment the Veteran has received for the disability at issue during the evaluation period are pertinent (and perhaps critical) evidence in the matter at hand, the outstanding VA treatment records must be secured. 

Accordingly, the case is REMANDED for the following:

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

1. The RO should ask the Veteran to identify the provider(s) of any (and all) evaluation or treatment he has received for his duodenal ulcer, records of which are not already associated with the claims file, and to provide any releases necessary for VA to secure private records of any such treatment or evaluation.  The RO should secure for the record the complete clinical records of all evaluations and treatment the Veteran received for the disability at issue from the identified source(s), to specifically include complete updated (to the present) records of his VA treatment.  If the records received suggest any further development, the RO should arrange for such development..  

2.  The RO should then review the record and readjudicate the claim.  If it remains denied, the RO should issue an appropriate supplemental statement of the case, and afford the Veteran and his representative the opportunity to respond.  The case should then be returned to the Board, if in order, for further appellate consideration.

The appellant has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).  


This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board for additional development or other appropriate action must be handled in an expeditious manner.


_________________________________________________
George R. Senyk
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  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) (2012).