BVA9507876 DOCKET NO. 93-10 094 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased disability rating for post- operative residuals of fibrous mass and instability of the left foot and left ankle, currently evaluated as 10 percent disabling. 2. Entitlement to an increased disability rating for post- operative residuals of fibrous mass and instability of the right foot and right ankle, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Theresa M. Catino, Associate Counsel INTRODUCTION The veteran served on active military duty from March 1970 to July 1973. He also had approximately 11 months of prior service. REMAND In an August 1994 statement, the veteran explained that he has received treatment at three VA medical facilities and listed the name of his treating VA podiatrist. The veteran also asserted that he has been unable to obtain copies of records of these treatment sessions and specifically requested that such records be obtained. A review of the claims file indicates that records from the facilities identified by the veteran in the August 1994 statement have been obtained. Significantly, however, the most recent medical records from any of these facilities are dated in 1992. Based on his letter, the Board of Veterans' Appeals (Board) is uncertain whether the veteran received treatment for his service-connected bilateral foot and ankle disability at any of these facilities after 1992. At the personal hearing which was conducted before a hearing officer at the RO in April 1992, the veteran testified that he was scheduled to see another physician later that month for possible additional foot surgery. Hearing transcript at 3. No such records have been obtained and associated with the claims folder. Furthermore, the veteran also asserted in the August 1994 statement that he currently experiences pain and decreased range of motion as a result of his service-connected bilateral foot and ankle disability. Previously, at the personal hearing, the veteran testified that he experiences instability, pain, and swelling in his feet and ankles. Hearing transcript at 1, 3-4. He also testified that he had been issued special shoes in February 1992. Id. at 1-2. In view of the veteran's testimony at the personal hearing as well as his contentions in the August 1994 statement, the Board believes that an attempt should be made to obtain any additional treatment records which may be available. The Board concludes that further assistance to the veteran is required. Accordingly, the case is REMANDED to the RO for the following: 1. The veteran should be contacted and requested to furnish a complete list of all medical personnel and facilities from which he has received treatment for his service-connected bilateral foot and ankle disability since 1992. The Board is particularly interested in records of any treatment that the veteran may have received at the John Cochran VA Medical Center in St. Louis, Missouri; the Jefferson Barracks Memorial Hospital in St. Louis, Missouri; and the Bay Pines VA Hospital in Bay Pines, Florida. After obtaining the appropriate releases from the veteran where necessary, the health care providers should be contacted and requested to furnish copies of all foot and ankle treatment records in their possession pertaining to the veteran. If such records are unavailable, or are merely duplicates of those already on file, those facts should be annotated in the claims folder. Any available records should be associated with the claims folder. Pursuant to the request in his letter, the veteran should have the opportunity to review any treatment records obtained. 2. Following the above, the veteran should be accorded a VA orthopedic examination to determine the nature and current severity of the service-connected post-operative residuals of fibrous mass and instability of his left foot and left ankle and of his right foot and right ankle. The examination should be conducted in accordance with the diagnostic procedures outlined in the VA Physician's Guide for Disability Evaluation Examinations. All necessary tests and X-rays should be conducted, and the examiner should review the results of any testing prior to completion of the report. The examination report should include a detailed account of all manifestations of the disability found to be present. The examiner should comment on the nature and extent of any impairment resulting from the pathology found. The claims folder and a copy of this remand must be made available to and reviewed by the examiner prior to the examination. The examiner should provide complete rationale for all conclusions reached. 3. The RO should review the examination report and determine if it is adequate for rating purposes and in compliance with this Remand. If not, it should be returned for corrective action. 4. Thereafter, the RO should formally adjudicate the issue of entitlement to an increased rating for post-operative residuals of fibrous mass and instability of the left foot and left ankle and the issue of entitlement to an increased rating for post-operative residuals of fibrous mass and instability of the right foot and right ankle. Following completion of these actions, and, if the decisions remain unfavorable, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, the case, in accordance with the current appellate procedures, should be returned to the Board for completion of appellate review. The purpose of this REMAND is to obtain clarifying evidence. No action is required of the veteran until further notice is issued. GEORGE R. SENYK 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) (1994).