BVA9503782 DOCKET NO. 93-09 163 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for epilepsy. 3. Entitlement to an increased (compensable) evaluation for residuals of a fracture of the radial styloid process, left wrist (minor). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from March 1966 to February 1969. This appeal arose from a December 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The RO denied entitlement to service connection for hearing loss and epilepsy, and granted entitlement to service connection for residuals of a fracture of the radial styloid process, left wrist, which was assigned a noncompensable evaluation. In a January 1993 rating decision, the RO, in relevant part, affirmed the determinations previously entered. The case has been forwarded to the Board of Veterans' Appeals (Board) for appellate review. REMAND When the RO issued a rating decision in December 1990 granting entitlement to service connection for residuals of a left wrist fracture, it predicated its assignment of a noncompensable evaluation on a March 15, 1990 VA outpatient treatment report notation of "motor 5/5 with sensory intact to light touch." The above clinical finding does not constitute sufficient evidence upon which to rate the appellant's left wrist disability. The Board is of the opinion that a contemporaneous VA orthopedic examination of the left wrist would materially assist in the adjudication of this part of the veteran's appeal. Pursuant to VA's duty to assist the veteran in the development of facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994), adjudication of the issues prepared and certified for appellate review is being deferred pending a REMAND of the veteran's case to the RO for further actions as follows: 1. The RO should schedule the veteran for a VA orthopedic examination to determine the extent of severity of residuals of a fracture of the radial styloid process, left wrist. The examination is to be conducted in accordance with the diagnostic procedures outlined in Chapter 2 of the VA Physician's Guide for Disability Evaluation Examinations. All indicated studies are to be conducted. The claims file must be made available to and reviewed by the examiner prior to the examination. 2. After undertaking any development deemed appropriate in addition to that specified above, the RO should readjudicate the issue of entitlement to an increased (compensable) evaluation for residuals of a fracture of the radial styloid process, left wrist. If the benefits requested on appeal are not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case. A reasonable period of time for a response should be afforded. Thereafter, the case should be returned to the Board for further appellate review, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. BRUCE KANNEE 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 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) (1993).