BVA9503149 DOCKET NO. 94-01 074 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to an increased (compensable) rating for status post arthroscopy and open acromioplasty due to impingement syndrome of the right (major) shoulder. ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from December 1986 to February 1993. This appeal arises from a June 1993 rating decision of the St. Louis, Missouri, regional office (RO). In that decision, service connection was granted for status post arthroscopy and open acromioplasty due to impingement syndrome of the right (major) shoulder. The appellant has effectively dropped from consideration the disability evaluation assigned for a left thumb disability, and the RO has granted the benefit sought with respect to a right knee disability. The appellant, however, continues to disagree with the noncompensable rating assigned for the right shoulder disability by the RO. The appellant has correctly contended that the RO has not adequately addressed loss of function due to right shoulder pain, and he has appropriately cited a decision of the United States Court of Veterans Appeals to the effect that functional loss caused by either pain or limitation of motion should be compensated at the same rate. The appellant alleges that the disability evaluation examination by the Department of Veterans Affairs (VA) was inadequate, and this may be the root of the inability of the RO to adequately address loss of function due to right shoulder pain, especially since the examination did not contain a full description of the effects of the disability upon the appellant's ordinary activity from the point of view of the appellant working or seeking work. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The appellant should be afforded a VA orthopedic examination to determine the current extent of the service-connected status post arthroscopy and open acromioplasty due to impingement syndrome of the right (major) shoulder. Detailed clinical findings should be reported, including any painful movements of the right shoulder and the underlying pathology. The evaluation should contain a full description of the effects of the disability upon the appellant's ordinary activity from the point of view of the appellant working or seeking work. In this regard, the examiner should obtain and record the appellant's personal and work history. The claims folder should be made available to the examiner for review in connection with the examination. 2. After the development requested above has been completed to the extent possible, the RO should again review the record and readjudicate the claim, to include consideration of 38 C.F.R. § 3.321 (b)(1). If the benefit sought on appeal remains denied, the appellant should be furnished a supplemental statement of the case and given the applicable opportunity to reply. Thereafter, the case should be returned to the Board of Veterans' Appeals (Board), if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until so notified. CHARLES E. HOGEBOOM 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. 103-446, § 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) (1993).