BVA9505671 DOCKET NO. 93- 11 559 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for right hallux rigidus. 2. Entitlement to an increased (compensable) evaluation for residuals of a right foot contusion. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel INTRODUCTION The veteran served on active duty from June 1943 to December 1945. This appeal comes to the Board of Veterans' Appeals (Board) on appeal from a December 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. REMAND The veteran seeks service connection for right hallux rigidus and a compensable evaluation for his service-connected residuals of a contusion of the right foot. The Board notes that the veteran reported in his January 1993 Notice of Disagreement that he had been told by VA physicians that his right hallux rigidus was due directly to his service-connected residuals of a contusion of his right foot. The veteran testified at his May 1993 personal hearing that he had been treated by many physicians over the years for his right foot complaints. He stated that he had been treated by Dr. Saffron and Dr. Sloan and reported the physicians were located in Cannonsburg, Pennsylvania and in Houston, Pennsylvania. He also noted that he had been treated at Cannonsburg General Hospital and underwent X-rays which were reported to show arthritis many years ago. Efforts to secure records concerning treatment of the veteran have not been made. In view of the foregoing, the case is hereby REMANDED to the RO for the following development: 1. The RO should contact the veteran and request that he identify the names, addresses and approximate dates of treatment for all VA and non-VA health care providers who have treated him for right foot disability at any time since service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which are not currently of record. 2. Then, the RO should schedule the veteran for an examination by a board certified orthopedist, if available, to evaluate the current manifestations of the veteran's service-connected residuals of a right foot contusion. All manifestations of current disability should be documented in full, and any indicated tests, including X-rays, should be performed. The examiner should also review the claims folder and provide an opinion regarding the etiology of the veteran's right hallux rigidus, to include whether it is at least as likely as not that it is etiologically related to service trauma or the veteran's service- connected residuals of a right foot contusion. A complete rationale should be given for all opinions and conclusions expressed. The claims folder must be made available to the examiner for review prior to the examination. 3. Thereafter, the RO should undertake any other indicated development, and readjudicate the issues on appeal. If the benefits sought on appeal are not granted to the satisfaction of the veteran, a Supplemental Statement of the Case should be issued, and the veteran and his representative should be provided an opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, 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 otherwise notified by the RO. SHANE A. DURKIN 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).