BVA9502859 DOCKET NO. 93-04 107 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to a disability evaluation in excess of 30 percent for residuals of frozen feet. 2. Entitlement to service connection for arthritis as secondary to frozen feet. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from December 1942 to December 1945. He was a prisoner of war of the German government from November 1944 to May 1945. This appeal comes to the Board of Veterans' Appeals (Board) from a September 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. REMAND In May 1991, the veteran filed claims for an increased disability rating for residuals of frozen feet and for service connection for arthritis of the lower extremities as secondary to frozen feet. The veteran requested that the RO obtain medical treatment records from the Corpus Christi VA outpatient treatment center dated from 1985 to the present in support of his claim. Although the RO apparently sent a request for these records, it appears that the request was sent to an incorrect address. In any event, a response was never received from the VA outpatient treatment center. In addition, as the most recent VA medical examination was conducted in April 1992, another examination is warranted in order to properly decide the claim. In light of the foregoing, the Board is remanding this case for the following actions: 1. The RO should contact the Corpus Christi VA outpatient treatment center and request copies of medical records concerning the veteran's treatment from January 1985 to the present. If no records are forthcoming the reasons therefore should be specifically noted. 2. The RO should arrange for a special VA podiatric examination by a board certified examiner, if available, to determine the current extent of his service-connected residuals of frozen feet. The examiner should be requested to comment on any tissue loss, swelling, tenderness or redness or neurological impairment. All indicated studies should be done. It is imperative that the claims folder and a copy of this REMAND be provided to the examiner for review prior to the examination. 3. The RO should then readjudicate the issues currently on appeal. If the benefits sought on appeal are not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case for all issues in appellate status and be afforded a reasonable opportunity to reply. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. F. JUDGE FLOWERS 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).