Veterans Medical Advisor

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                         Case from Bureau of Veterans Appeals

Dr. Bash is a veteran of


Citation Nr: 9904743

Decision Date: 02/22/99 | Archive Date: 03/03/99

DOCKET NO. 98-10 789

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).



Department of Veterans Affairs

drbash@doctor.com

______________________

Craig N. Bash M.D., M.B.A.

Neuro-Radiologist and Associate Professor

Uniformed Services School of Medicine

NPI/UPIN-1225123318

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Bethesda, Md 20814

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