BVA9502708 DOCKET NO. 93-11 779 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to an increased (compensable) disability evaluation for residuals, fracture of the left fibula. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active service from June 1970 to January 1972. This appeal comes before the Board of Veterans' Appeals (Board) from an October 1992 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan, denying an increased rating for the residuals, fracture of the left fibula. The VA is required to adjudicate any issues which are reasonably raised by a liberal reading of the documents and testimony submitted by a claimant prior to a final Board decision. EF v. Derwinski, 1 Vet.App. 324 (1991). The issues of secondary service connection for left hip, left knee, and back disabilities are clearly raised by the documents of record in this proceeding. Moreover, the veteran appears to have raised the issue of entitlement to either an increased compensation rating based on individual unemployability or a permanent and total disability rating for pension purposes given his comments in his April 1992 communication to the RO. There appears to have been a decision regarding the veteran's entitlement to Social Security Administration (SSA) disability benefits, but the claims folder does not include pertinent records from that agency. See Masors v. Derwinski, 2 Vet.App. 181 (1992). In view of the foregoing, the Board is of the opinion that further development, as set forth below, is desirable. Accordingly, the case is REMANDED for the following actions: 1. The RO should contact SSA and obtain legible copies of the medical records, upon which any administrative determination was based. All records, once obtained, must be associated with the claims folder. 2. The RO should contact the veteran and obtain the names and addresses of all health care providers from which he has received treatment for any back disability, a disability of the left knee and a disability of the left hip. Thereafter, the RO should obtain legible copies of all records which have not already been obtained, to include those from Frank S. Pollina, M.D., and Norman H. Brant, D.P.M. 3. At the same time, the veteran should be asked to clarify whether he is seeking additional benefits based on individual unemployability due to service-connected disability or based on permanent and total disability for pension purposes. After clarification is received from the veteran, the RO should proceed accordingly. 4. Thereafter, the veteran should be afforded a VA examination by a board- certified neurologist and orthopedist, if available, to determine the current extent of the residuals of the left fibula fracture and the nature and extent of any left knee, left hip or low back disorder. All indicated studies should be performed. The examiners are requested to review the entire record. The neurologic examiner is requested to provide an opinion as to the etiology of any chronic neurological disorder found to be present that affects the left lower extremity. The examiner is requested to render an opinion as to the degree of probability that any neurological disorder found to be present is related to the service-connected residuals of the left fibula fracture. The orthopedic examiner, in addition to providing a detailed description of those findings pertinent to the rating of the left fibula fracture residuals, should also provide an opinion as to the degree of probability that any disability of the left knee, left hip, or low back found to be present is etiologically related to the service- connected residuals of the left fibula fracture. All examiners should provide a complete rationale for all opinions and conclusions expressed. 5. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim for an increased rating for residuals, fracture of the left fibula. The RO should also adjudicate the issues of secondary service connection for left knee, left hip and low back disabilities. If the benefit certified on appeal is not granted to the satisfaction of the veteran, or if a timely Notice of Disagreement is received with respect to any other matter, a Supplemental Statement of the Case should be issued for all issues in appellate status and the veteran and his representative provided the applicable period in which to respond. Thereafter, the case should be returned to the Board for further consid- eration, if 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 notified by the RO. GARY L. GICK 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 deter- mination. 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).