BVA9500019 DOCKET NO. 93-09 822 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to an increased disability evaluation for service-connected residuals of frostbite of both lower extremities, currently rated as 10 percent disabling. 2. Entitlement to an increased disability evaluation for service-connected residuals of shell fragment wounds to the right lower extremity, right arm and face, currently rated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Alan S. Peevy, Associate Counsel INTRODUCTION The veteran had active military service from January 1943 to November 1946. This case is before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision by the North Little Rock, Arkansas, Regional Office (RO). A notice of disagreement was received in July 1992. A statement of the case was furnished to the veteran and his representative in August 1992, and a substantive appeal was received that same month. Supplemental statements of the case were issued in October 1992 and December 1992. The veteran is represented by The American Legion. REMAND The veteran's representative contends that the RO has discounted certain symptomatology associated with the veteran's lower extremities based on an erroneous belief that it is attributable to nonservice-connected phlebitis. In effect, it is maintained that the medical record is inadequate to allow for such differentiation of symptomatology. Questions of differential diagnosis involve diagnostic skills and must be made by medical experts. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). The Board also notes that it has been over three years since the last VA examination. Under the circumstances of this case, the Board agrees that another special VA examination should be afforded the veteran. Accordingly, the case is hereby REMANDED to the RO for the following actions: 1. The RO should obtain and associate with the claims file all relevant private and VA medical records subsequent to 1991. 2. The veteran should be scheduled for a special VA examination by a specialist in peripheral vascular disease (and by such other specialist(s) as may be deemed appropriate) for the following purposes: i) to ascertain the nature and severity of the veteran's residuals of frostbite of the lower extremities; ii) to ascertain the severity of the residuals of shell fragment wounds to the right lower extremity, right arm and face; and iii) to differentiate, if medically possible, between symptomatology attributable to the veteran's service-connected disabilities of the lower extremities and from that attributable to any other etiologically unrelated disorder of the lower extremities found to be present. It is imperative that the claims file be made available to and be reviewed by the examiner prior to the examination, and the examination report should clearly document this review. All indicated tests, including color photographs of the veteran's lower extremities, right arm and face, are to be accomplished. The examiner should be asked to clearly indicate all symptomatology associated with residuals of frostbite of the lower extremities. If any other disorder of the lower extremities, such as thrombophlebitis, is found to be present, the examiner should state an opinion as to whether any such disorder is etiologically related to the residuals of frostbite. 3. After completion of the above, the RO should review the expanded record and determine if the veteran's claims can be granted. If the RO's determination as to either or both issues remains adverse to the veteran, the veteran and his representative should be furnished a supplemental statement of the case setting forth a summary of the evidence, a citation to and discussion of applicable laws and regulations, and a detailed analysis of the reasons for the RO's decision(s). After affording the veteran and his representative a reasonable opportunity to respond, the case should be returned to the Board for further appellate review. The purpose of this decision is to ensure an adequate medical record for appellate review. The Board intimates no opinion(s) as to the ultimate determination(s) to be made in this case. ALBERT D, TUTERA Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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) (1993).