BVA9503147 DOCKET NO. 93-13 385 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to service connection for disability manifested by chronic bilateral buttock pain. REPRESENTATION Appellant represented by: Washington Department of Veterans Affairs ATTORNEY FOR THE BOARD S. L. Kennedy, Counsel REMAND The veteran served on active duty from November 1985 to August 1990. This appeal arises from an October 1992 rating decision of the Department of Veterans Affairs (VA), Seattle, Washington, Regional Office (RO). In that decision, service connection for a bilateral hip disorder was denied. On VA Form 9 (Appeal to Board of Veterans' Appeals) received at the RO in April 1993, the veteran expressed her dissatisfaction with an August 1992 VA examination conducted to determine whether she did, in fact, have a bilateral hip disorder. She stated that her problem was not in the hip joints, but rather consisted of nerve damage to both hips from injections, and that the residuals included knots, scar tissue and pain. A review of the August 1992 VA examination reflects that the examiner did identify chronic bilateral buttock pain, most likely secondary to injections in this area. However, a definitive diagnosis to account for the pain was not given. A more comprehensive examination is required to identify the nature, severity, and etiology of the pain, i.e., to determine whether the pain is a manifestation of nerve or muscle damage secondary to injections in this area. The Court of Veterans Appeals has held that fulfillment of the VA's duty to assist the veteran includes providing him or her with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 90, 92 (1990). The Board has determined that such an examination is necessary in this case. In view of the foregoing, and in order to fully and fairly adjudicate the veteran's appeal, the case is REMANDED to the RO for the following action: 1. The RO should request the veteran to identify the names and addresses of any medical care providers, VA and otherwise, who treated her for buttock pain or other injection site residuals. After securing any necessary release, the RO should obtain records of any treatment identified by the veteran. 2. The veteran should be afforded VA neurologic examination to determine the nature and severity of any residuals secondary to intramuscular injections of pain medication in the buttocks. The scope of the examination should be broad enough to cover all residual conditions which are suggested by the veteran's complaints, symptoms or findings at the time of examination. All pertinent complaints or symptoms having a medical cause should be covered by a definite diagnosis. The examination should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated diagnostic tests and procedures should be accomplished. The report should summarize all significant positive findings, particularly those relating to limitation of function. The examiner should specifically identify affected muscle groups and nerves, if any. The claims folder should be made available to the examiner prior to the examination. 3. Appropriate adjudicatory action should be taken by the RO on the issue of service connection for the residuals of injuries to the buttocks secondary to intramuscular pain medication injections. If the determination is adverse to the veteran, she should be provided an appropriate supplemental statement of the case which includes a summary of additional evidence submitted, any additional applicable laws and regulations, and the reasons for the decision. The veteran and her represen- tative should be afforded the applicable time to respond. The case should be returned to the Board for further appellate review. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. GARY L. GICK 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 deter- mination. 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).