BVA9400978 DOCKET NO. 92-07 388 ) DATE ) ) ) THE ISSUES 1. Entitlement to service connection for esophageal reflux. 2. Entitlement to an increased rating for depression with bulimia, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD J.P. Reep, Associate Counsel INTRODUCTION The veteran served on active duty from November 1965 to May 1968, from August 1978 to December 1978, and from July 1983 to July 1989. This matter came before the Board of Veterans' Appeals (the Board) on appeal from an October 1990 rating decision of the Buffalo, New York Regional Office (RO) of the Department of Veterans Affairs (VA), which awarded service connection for major depression with bulimia and for a right testicular growth, and assigned a 10 percent and a zero percent evaluation, respectively. In that rating decision, the RO also denied entitlement to service connection for Lyme disease and for esophageal reflux. The veteran was promptly notified of that determination. A notice of disagreement concerning the rating for depression was received in May 1991. A statement of the case was issued in June 1991. A substantive appeal was received in September 1991, wherein the veteran requested a hearing. Later that month, the veteran submitted another notice of disagreement concerning Lyme disease and esophageal reflux. He also requested service connection for a thyroid disorder. The veteran testified before a hearing officer in October 1991. The hearing officer's decision was entered in January 1992. A supplemental statement of the case was issued in February 1992, which covered both of the listed issues. The case was received at the Board in May 1992. The veteran has been represented since March 1991 by the Disabled American Veterans. In the course of this appeal, the following issues have been raised by the veteran and/or his representative, but have not been developed by the RO: entitlement to service-connection for a thyroid disorder and for bilateral hearing loss, and service connection for a dental disorder which is claimed to be secondary to the veteran's service- connected bulimia. As none of these issues are inextricably intertwined with the issues certified on this appeal, they are referred back to the RO for appropriate action. It is also noted that the issue of service connection for Lyme disease was withdrawn at the veteran's October 1991 hearing. REMAND The veteran testified that he was receiving disability benefits from the Social Security Administration (SSA) because of his service- connected depression. The medical records which supported this award of SSA benefits would likely be useful in determining whether the veteran is entitled to an increased rating for his service-connected depression. As pointed out by the veteran's representative, no such evidence is on file. In addition, the veteran's claim for service connection for esophageal reflux raises medical questions that should be addressed. The evidence reflects inservice gastrointestinal complaints as well as postservice diagnoses of hiatal hernia with esophageal reflux and ulcer formation at the distal esophagus. Considering that the veteran is service connected for depression with bulimia, medical evidence which addresses the potential causal relationship between bulimia and any chronic gastrointestinal disorder, such as esophageal reflux, would be pertinent. In light of the foregoing, the Board finds that development of additional evidence is needed to satisfy the VA's duty to assist the veteran in connection with his claim. Consequently, the case is REMANDED to the RO for the following actions: 1. In accordance with § 9.01, Part III and § 7.51(a), Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures...), the Division of Benefit Services, Office of Disability Operations (formerly Bureau of Disability Insurance), Social Security Administration, Baltimore, Maryland 21241, should be contacted and requested to furnish photocopies of the complete medical records which SSA has on file, based upon which it has determined that the veteran is "disabled." 2. All up-to-date VA medical and/or private records relating to pertinent treatment of the veteran should be obtained and incorporated into the claims folder. The veteran's assistance should be sought as needed. 3. The RO should arrange an appropriate examination for the purpose of assessing whether or not the veteran has any chronic gastrointestinal disorders. If any such chronic disorders are found, the examiner should indicate whether any causal or etiological relationship exists between that disorder and the veterans service-connected bulimia. A special psychiatric examination should also be conducted, to assess the current severity of the service-connected depression. The veteran's claims folder should be made available to each examiner prior to the examination. 4. The RO should then reconsider whether the veteran is entitled to an increased rating for depression with bulimia, and whether the veteran is entitled to service connection for a chronic gastrointestinal disorder. 5. If either benefit sought on appeal remains denied, the veteran and his representative should be furnished with a supplemental statement of the case which contains an explanation of the RO's latest deliberations and sets forth pertinent law and regulations. The veteran and his representative should be afforded the opportunity to respond to the supplemental statement of the case. Then the case should be returned to the Board for further appellate consideration, if otherwise in order. The veteran need take no action until he is further notified by the RO. No opinion is intimated by the Board as to the final outcome of the issue addressed herein. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * D. C. SPICKLER J. J. SCHULE *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. 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) (1992).