BVA9504895 DOCKET NO. 93-09 745 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for residuals of a left ankle fracture. 2. Entitlement to service connection for bronchitis. 3. Entitlement to service connection for residuals of a cervical spine injury. 4. Entitlement to service connection for residuals of a head trauma. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. J. Bohanan, Associate Counsel REMAND The appellant served on active duty from February 1955 to March 1957. This appeal arises from a December 1991, Department of Veterans Affairs, Lincoln, Nebraska (VARO) rating decision which denied the appellant service connection for the residuals of a left ankle fracture, bronchitis, the residuals of a cervical spine injury, and the residuals of head trauma. During his December 1992 hearing on appeal, the appellant testified that he was "beaten up" while out with friends during service, and treated at Stockton Memorial Hospital for head and neck injuries. However, the Board notes that these records are not associated with the appellant's claims folder. The appellant also testified that he received regular examinations while employed with the Burlington Northern Railroad. However, these records are also not associated with the appellant's claims folder. Finally, the appellant testified that he was injured while employed with Burlington Northern Railroad and received treatment from an orthopedist who informed him of "some roots on [his] cervical, that had been there for quite some time." However, these records are not associated with the appellant's claims folder. The appellant's most recent VA examination was conducted in November 1991. The Board believes that further development of the evidence, to include an orthopedic and neurological examination, is necessary in this case. Hyder v. Derwinski, 1 Vet. App. 22 (1991). The case is therefore REMANDED to VARO for the following actions: 1. VARO should contact the appellant and ascertain the names and addresses of any health care providers, particularly those providers referred to during the appellant's hearing on appeal. VARO should then attempt to obtain records from said providers. Proper authorization for the release of such information should be obtained from the appellant. If any of the attempts to secure either an authorization for release or records are unsuccessful, any efforts expended should be documented. All records obtained should be associated with the appellant's claims folder. 2. VARO should attempt to obtain all physical examination reports made while the appellant was employed with Northern Burlington Railroad. Proper authorization for the release of such information should be obtained from the appellant. If any of the attempts to secure either an authorization for release or records are unsuccessful, any efforts expended should be documented. All records obtained should be associated with the appellant's claims folder. 3. The appellant should be scheduled for an orthopedic and neurological examinations for purposes of determining the nature, extent and etiology of any head trauma, cervical spine injury or ankle fracture residuals. The examiners should also be requested, insofar as medically possible, to express an opinion regarding the etiology of any musculoskeletal or neurological disorders found. All appropriate studies should be performed. The appellant's claims folder must be furnished to the examiner prior to the examination. The report of the examination should be associated with the appellant's claims folder. 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. C. P. RUSSELL 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).