BVA9501150 DOCKET NO. 93-03 922 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for disability of the right hip and right leg. 2. Entitlement to service connection for left shoulder disability. 3. Entitlement to an increased (compensable) evaluation for malaria. 4. Entitlement to an increased rating for sacroiliac sprain, right, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD K. Ehrman, Associate Counsel REMAND The veteran had active duty from January 1943 to November 1945. Although the veteran was afforded a Department of Veterans Affairs (VA) orthopedic examination in August 1992, a determination has not been made as to whether the veteran has separate and distinct disabilities of the right leg and the right hip, or whether the veteran's complaints of right leg and right hip pain are symptoms related to his service-connected right sacroiliac sprain. The July 1992 statement of the veteran indicates that he has received physical therapy from the Freeman Hospital since April 1992, and correspondence from that facility indicates that additional physical therapy records may be available from the hospital's physical therapy department. The Board is of the opinion that the RO should attempt to obtain any such available physical therapy records for use in the evaluation of the veteran's claims. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should contact the veteran and obtain the names and addresses of all medical care providers who have treated the veteran for disability of the left shoulder, right leg, and right hip, since the veteran's discharge from service. The names and addresses of all medical care providers who have recently treated the veteran with regard to service-connected sacroiliac sprain should also be obtained. After securing the necessary release(s), the RO should obtain these records, along with any and all physical therapy records from the Freeman Hospital, Physical Therapy Department. 2. Upon the completion of the above requested development, the veteran should be afforded a VA examination to determine the etiology of any right leg, and/or right hip disability, and a determination should be made about the severity of any associated disability in those areas, with a more recent evaluation of the veteran's service-connected right sacroiliac sprain disability. The claims folder should be made available to the examiner for review before the examination. The examiner is to specifically determine the relationship, if any, between service-connected right sacroiliac sprain, and any right leg, and right hip disability, if found to exist. Specifically, the Board is attempting to determine if the veteran's complaints in the right leg and hip area are simply a manifestation of his service-connected sacroiliac sprain or a separate and distinct disability. 3. Thereafter, the RO should readjudicate the issues of entitlement to an increased (compensable) evaluation for malaria, and entitlement to an increased rating for sacroiliac sprain, right, as well as the issues of entitlement to service connection for disability of the right hip, disability of the right leg, and disability of the left shoulder, with consideration of 38 C.F.R. 3.310 (1993) with regard to secondary service-connection. Thereafter, if the decision remains adverse to the veteran, he and his representative should be provided a supplemental statement of the case, with an opportunity to respond thereto. Evidence recently submitted and not previously considered should be reviewed. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. LAWRENCE M. SULLIVAN 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).