BVA9508403 DOCKET NO. 93-18 133 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased (compensable) evaluation for coccygodynia. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD C. M. Flatley, Counsel REMAND The veteran had active service from January 1969 to September 1970 and from January to June 1991. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 1991 rating decision of the Boston, Massachusetts, Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for coccygodynia and assigned a noncompensable evaluation. Review of the record indicates that the veteran has submitted a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991). The VA therefore has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a); Murphy v. Derwinski, 1 Vet.App. 78, 81-82 (1990). In this regard, the Board initially notes that the veteran underwent a VA examination in August 1991. Since that time, he has provided details, including at a personal hearing, as to increasing symptomatology associated with his coccygodynia. A private medical statement reflects continued symptomatology; the veteran has testified that on private evaluation, surgery was presented as a method of treatment. Transcript at 5,6. In addition, at his personal hearing, the veteran indicated that he was "seeing" a private physician; it is unclear whether the veteran continues to receive private treatment. T. at 5. Lastly, the Board notes that a January 1993 VA outpatient report includes pertinent data and reflects that an x-ray study was to be accomplished; follow-up evaluation the following March was indicated. Upon review of the record, the Board is of the opinion that additional clinical data may prove helpful in the evaluation of the veteran's claim. In order to fully assist the veteran in the development of his case, therefore, and extend to the veteran every equitable consideration, additional development is warranted. As such, this case is REMANDED for the following: 1. After any necessary information and authorization are obtained from the veteran, duplicates of any post-service treatment, VA or private, inpatient or outpatient, associated with the veteran's coccygodynia, and not previously of record, should be obtained by the RO and incorporated into the claims folder. 2. The RO should schedule a VA orthopedic examination to determine the nature and severity of the veteran's service-connected coccygodynia. The examination should be conducted in accordance with the pertinent provisions of the VA's Physician's Guide for Disability Evaluation Examinations. All indicated studies should be conducted. The examination report should include a full description of the veteran's symptoms, clinical findings, and associated functional impairment. All findings should be recorded in detail, including any range of motion affected by the veteran's coccygodynia, recorded in degrees. A comprehensive report, which represents consideration of the aforementioned factors, as well as the history of the veteran's disability, should be provided. The veteran's claims folder should be provided to the examiner for review prior to the examination. 3. The RO should then review the veteran's claim. All pertinent law and regulations, including schedular criteria, and United States Court of Veterans Appeals (Court) decisions should be considered. If the veteran's claim remains in a denied status, he and his representative should be provided with a supplemental statement of the case, which includes a discussion of any additional pertinent law and regulations and a description of action taken on the veteran's claim, consistent with the Court's instruction in Gilbert v. Derwinski, 1 Vet.App. 49 (1990). The applicable response time should be allowed. The case should then be returned to the Board, if in order, after compliance with customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. THOMAS J. DANNAHER 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 133-446, § 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) (1994).