BVA9500415 DOCKET NO. 93-07 221 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for later loss of teeth, secondary to fractures of the mandible, maxilla, and teeth in service. . 2. Entitlement to a compensable evaluation for residuals of fractures of the mandible and maxilla. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Brynn K. Bloomgren, Associate Counsel The veteran had active duty from August 1967 to May 1969. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a March 1992 rating decision of the Pittsburgh, Pennsylvania, Regional Office (hereinafter RO) of the Department of Veterans Affairs (hereinafter VA), which confirmed a noncompensable evaluation for residuals of the mandible. By his substantive appeal and his personal hearing, the veteran raised the issues of entitlement to service connection for additional loss of teeth, secondary to residuals of fractures of the mandible, maxilla, and teeth in service. The VA must consider all issues raised from a liberal reading of all documents and testimony in the claims file. EF v. Derwinski, 1 Vet.App. 324, 326 (1991). We find that resolution of this issue turns on the same set of facts as the issue of entitlement to a compensable evaluation for residuals of mandible and maxilla. Harris v. Derwinski, 1 Vet.App. 180, 183 (1991). These issues must be addressed together. We observe that, by a rating action dated in February 1993, the RO granted entitlement to service connection for facial scar, headaches, and a fracture of the maxilla, secondary to his service injuries, a combined rating of 30 percent. The fracture of the maxilla was included with the service-connected mandibular fracture, and the noncompensable rating was continued for these residuals. REMAND Service records reflect that, in September 1968, the veteran sustained multiple injuries as a result of a Jeep accident. He was hospitalized until January 1969. The final diagnoses of the facial injuries were (1) compound fracture of the mandible, left body between teeth numbers 19 and 20, inferior alveolar anesthesias. (Treated, delayed union) and compound fracture of the mandible, right body between teeth numbers 26 and 28, inferior alveolar nerve anesthesias. (Treated, healing) with compound fracture of the maxilla, alveolus, with teeth numbers 9, 10, 11, in block, with severe labial displacement. V2 dental branches severed. (Treated improved); (2) Fracture of teeth numbers 8, 12, 13, 14, 15, v2, dental branches 8 and 12, severed. (Treated, improved); and (3) partial avulsion of tooth number 27, inferior alveolar nerve to 27, severed with facial lacerations, through and through of the left face, left upper lip, and midline lip. A dental rating sheet dated in September 1969 shows that the veteran was granted service connection for teeth numbers 8, 9, 10, 11, 12, 13, 14, 15 due to trauma. The veteran submitted private dental treatment reports dated in 1969, 1977, 1984-1986, 1988, 1989, and October and November 1991. He also requested that the RO obtain treatment reports from the VA medical centers on Highland and University Drives in Pittsburgh, Pennsylvania, with reference to a claim for an increase of the residuals of his injuries. The RO has not obtained these reports. The VA has a duty to obtain all relevant private and government medical records under 38 U.S.C.A. § 5107 (West 1991); Murphy v. Derwinski, 1 Vet.App. 78, 82 (1990); See also Littke v. Derwinski, 1 Vet.App. 90 (1991). The veteran was recently afforded a VA neurologic examination in March 1992. At that time, the veteran failed to cooperate so that a complete study was not obtained. The radiologist recommended that in order to obtain a satisfactory examination, a computerized tomography (CT) scan with bone algorithms should be obtained with attention to the mastoid and temporal bones. Because most of the dentition was absent in the upper and lower mandible, the radiologist suggested that other methods of examination may be necessary, depending on the veteran's symptoms. The VA has a duty to provide the veteran with a thorough and contemporaneous examination of the claimed disability so that an evaluation will be a fully informed one. Green v. Derwinski, 1 Vet.App. 121, 124 (1991). Based on the foregoing, the case is REMANDED to the RO for the following development: 1. The RO should obtain and associate with the claims file treatment reports from the VA medical centers on Highland and University Drives in Pittsburgh, Pennsylvania, referred to in the claims file. 2. The veteran should be afforded VA examination of his jaw and teeth by an oral surgeon, neurologist, and orthopaedist. All indicated tests should be performed, including a CT scan with bone algorithm with attention to the mastoid and temporal bones. The examiners should express an opinion as to whether the veteran's later dental problems and loss of teeth is attributable to the fracture of the mandible, maxilla, and/or teeth in service. With regard to the maxilla and mandible, the examiners should state whether there is any loss of substance of body or loss of continuity. They should ascertain whether there is any loss of masticatory surface, and, if so, whether it can be restored by suitable prosthesis. Supporting clinical findings should be included in the final examination report. The claims folder should be made available to the examiner for review before the examination. After the requested development has been completed to the extent possible, the RO should again review the record. If the benefits sought on appeal are not granted, the RO should furnish the veteran and his representative a supplemental statement of the case, including a summary of the relevant evidence, citation to the applicable diagnostic codes, and reasons and bases for the decision, and be afforded the opportunity to respond before the record is returned to the Board for further appellate review. Inasmuch as the issue of entitlement to service connection for loss of teeth, secondary to fractures of the mandible, maxilla or teeth in service is deemed to be "inextricably intertwined" with the issue of entitlement to a compensable evaluation for residuals of the mandible and maxilla, the RO should take appropriate adjudicative action, and provide the appellant and representative, if any, notice of the determination and the right to appeal. The RO should consider the potential applicability of 38 C.F.R. Part 4, § 4.150, Diagnostic Codes 9904, 9913, and 9916 (1993) in rating the service-connected disabilities. If a timely notice of disagreement is filed, the appellant and representative, if any, should be furnished with a statement of the case and given time to respond thereto. The purpose of this remand is to obtain additional development and the Board does not intimate any opinion as to the merits of the case. No further action is required of the veteran until he is notified. JACK W. BLASINGAME 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).