BVA9500739 DOCKET NO. 93-11 563 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUES Entitlement to an increased evaluation for the residuals of a gunshot wound to the right thigh and buttock, Muscle Groups XV, XVI and XVII, currently rated 10 percent disabling. Entitlement to an increased evaluation for the residuals of a through and through gunshot wound to the right leg, Muscle Group XI, currently rated 10 percent disabling. ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had recognized guerrilla service from November 1944 to February 1945 and in April and May 1945. This appeal arises from a December 1992 rating decision continuing 10 percent disability evaluations for the residuals of a gunshot wound to the right thigh and buttock, Muscle Groups XV, XVI and XVII, and for the residuals of a through and through gunshot wound to the right leg, Muscle Group XI. The record shows that the veteran was scheduled for a December 8, 1992, examination by the Department of Veterans Affairs (VA). The veteran, on the date of the examination, advised the VA that, because of bad health, he could not report for the examination. While he requested, in his February 1993 notice of disagreement, that the examination be re-scheduled, this was not done. The Board of Veterans' Appeals (Board), having reviewed the record, finds that further development is required. Accordingly, the issues are being REMANDED to the originating agency for the following action: 1. The originating agency should schedule the veteran for an orthopedic examination. The express purpose of this examination is to identify and evaluate the current residuals of a gunshot wound to the right thigh and buttock and the current residuals of a through and through gunshot wound to the right leg. All necessary tests should be performed and all clinical manifestations should be reported in detail. Any functional impairment must be reported. The examiner should be given access to the veteran's claims file for a sufficient period of time prior to the examination to allow for a complete review of the record. 2. Upon completion of the above, the originating agency should review this case. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the statement of the case should be issued to the veteran. The veteran should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the veteran until he receives further notice. ALBERT D. TUTERA 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).