BVA9503764 
DOCKET NO.  93-07 997     )       DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUES

1.  Whether new and material evidence has been submitted to
reopen a claim of entitlement to service connection for right
foot pathology including degenerative joint disease of the right
great toe.

2.  Entitlement to an increased evaluation for a healed fracture
of the right radius with traumatic arthritis (major), currently
evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: AMVETS

ATTORNEY FOR THE BOARD

Ronald R. Bosch, Counsel

INTRODUCTION

The veteran served on active duty from November 1949 to November
1969.

The claims file contains a report of a rating action dated in
November 1987 denying entitlement to service connection for right
foot pathology.

The current appeal arose from a May 1992 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Jackson, Mississippi.  The RO continued the denial of entitlement
to service connection for right foot pathology including
degenerative joint disease of the right great toe and a right
ankle disorder, and denied entitlement to an increased evaluation
for a healed fracture of the right radius with traumatic
arthritis.

In view of the veteran's February 1993 substantive appeal wherein
he indicated that service connection for a right ankle disorder
was not for consideration, the Board of Veterans' Appeals (Board)
has limited its consideration of the issues prepared and
certified for appellate review to those reported on the title
page.

REMAND

The representative at the RO has requested consideration of the
issues of entitlement to service connection for arthritis of the
right wrist and elbow.  In so requesting, he has made references
to the service medical documentation of the original injury of
the right upper extremity noting that such documentation suggests
involvement of the right wrist and elbow.

The Board agrees that cognizance should be taken of the raised
issues of entitlement to service connection for arthritis of the
right wrist and elbow as a manifestation of the original injury.
In this regard, the Board observes that numerous references are
made not only to injury of the right wrist, but to chronic
recurring right wrist pain and a notation of arthritis of the
right wrist.

The representative has also pointed out that the veteran has
indicated longstanding post service treatment for disabilities of
his right upper extremity, and that the RO has not attempted to
request the reports of such treatment.

The Board is of the opinion that association with the appellate
record of the veteran's post service treatment reports and a
contemporaneous examination would materially assist in the
adjudication of his appeal.

Pursuant to VA's duty to assist the veteran in the development of
facts pertinent to his claims under 38 U.S.C.A. § 5107(a) (West
1991);  38 C.F.R. § 3.103(a) (1994), the Board is deferring a
final determination of the issues prepared and certified for
appellate review pending a REMAND of the case to the RO for
further development as follows:

1.  The RO should contact the veteran and
request that he identify all sources of his
post service treatment for the disabilities
at issue.  After obtaining any necessary
authorization, the RO should request
complete photocopies of the veteran's
complete post service treatment reports
from all sources identified.

2.  The veteran should be scheduled for a
VA orthopedic examination to determine the
nature, extent, and etiology of any
disorders of the right wrist, elbow, and
foot; and the extent of severity of his
healed fracture of the right radius with
traumatic arthritis.  All indicated studies
are to be conducted.  The examiner must be
requested to provide an opinion as to
whether it is at least as likely as not
that any disorders of the right wrist,
elbow and foot found on examination are
related to traumatic injury and/or
pathology reported in the service medical
records.  Any opinions expressed must be
accompanied by a complete rationale.  The
claims file with obtained evidence must be
made available to and reviewed by the
examiner prior to the examination.

3.  After undertaking any development
deemed appropriate in addition to that
specified above, the RO should adjudicate
the issues of entitlement to service
connection for arthritis of the right wrist
and elbow; and readjudicate the issues of
entitlement to service connection for right
foot pathology including degenerative joint
disease of the right great toe, and an
increased evaluation for a healed fracture
of the right radius with traumatic
arthritis.

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.

          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 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).