On appeal from the Department of Veterans Affairs (VA) Regional Office in Wichita, Kansas
THE ISSUE
Entitlement to service connection for multiple sclerosis.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America, Inc.
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Jason R. Davitian, Associate Counsel
INTRODUCTION
The veteran served on active duty from July 1967 to March
1972.
This case is before the Board of Veterans' Appeals (BVA or
Board) on appeal from an April 1998 rating decision of the
Department of Veterans Affairs (VA) Regional Office in
Wichita, Kansas (RO), which denied the benefit sought on
appeal.
REMAND
In correspondence received from the veteran in November 1998,
the veteran claimed service connection for hearing loss and
hypertension. These issues have not been developed for
appellate review, and are referred to the RO for initial
consideration.
The veteran was provided a VA examination in April 1998 that
resulted in a diagnosis of multiple sclerosis, diagnosed in
1985. The report did not address the etiology of the
veteran's multiple sclerosis, or analyze his service medical
records or post-service VA and private medical records for
early manifestations of the disability.
Following certification of this appeal to the Board in
October 1998, a statement was received from Craig N. Bash,
M.D., dated in November 1998, regarding the veteran. Dr.
Bash reported he had reviewed the veteran's service medical
records and post-service medical records. He asserted, inter
alia, that it was as likely as not that various of the
veteran's symptoms noted during active service were
manifestations of multiple sclerosis.
A waiver of the right to readjudication by the RO pursuant to
38 C.F.R. § 20.1304(c) (1998) was not submitted with Dr.
Bash's opinion. In correspondence received by the Board in
November 1998, the veteran's representative stated that it
was understood that the Board could either grant service
connection for multiple sclerosis or refer Dr. Bash's opinion
to the RO for consideration. As a result, the veteran's
claim for service connection for multiple sclerosis, along
with the newly submitted evidence, must be remanded to the RO
for initial consideration.
Therefore, in order to give the appellant every consideration
with respect to the present appeal, it is the Board's opinion
that further development is necessary.
Accordingly, this case is REMANDED for the following action:
1. In light of the additional pertinent
evidence and claims submitted on the
veteran's behalf in November 1998, the RO
should undertake all indicated
development.
2. Then, the RO should forward the
veteran's claims folder to an appropriate
VA specialist for review, and to
determine the nature and etiology of the
veteran's multiple sclerosis. After
reviewing the veteran's service medical
records, post-service VA and private
medical reports, the examiner should
specifically state whether it is at least
as likely as not that the veteran's
multiple sclerosis was incurred while he
was on active duty, or whether it became
manifest to a degree of 10 percent or
more within 7 years following active
duty. The examiner should address the
opinion of etiology set forth in Dr.
Bash's November 1998 medical report. A
complete rationale for any opinion
expressed must be provided.
3. After undertaking any additional
development deemed appropriate, the RO
should readjudicate the veteran's claim
for service connection for multiple
sclerosis.
If the benefit sought is not granted, where a timely notice
of disagreement is of record, the appellant and his
representative should be furnished a supplemental statement
of the case, and be afforded a reasonable opportunity to
respond before the record is returned to the Board for
further review.
The purpose of the REMAND is to afford the appellant due
process. The Board does not intimate any opinion as to the
merits of the case, either favorable or unfavorable, at this
time. The appellant is free to submit any additional
evidence he desires to have considered in connection with his
current appeal. No action is required of the appellant until
he is notified.
U. R. POWELL
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)
(1998).
