BVA9500752 DOCKET NO. 93-01 857 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUE Entitlement to service connection for a bilateral foot disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD M. G. Mazzucchelli, Associate Counsel INTRODUCTION The veteran served on active duty from August 1967 to August 1970. This appeal arises from a June 1992 rating decision of the Huntington, West Virginia, regional office (RO). That rating decision, in part, denied the veteran's claim for service connection for a bilateral foot disorder. REMAND The veteran contends that he has a chronic bilateral foot disorder as the result of his Vietnam service. The service medical records show that he complained of burning in his feet in May 1970. The impression was mild pes planus. In May 1982, the veteran reported itching and burning feet. The veteran submitted records dated in 1991 reflecting treatment by a Dr. Davis. A VA examination was conducted in May 1992. Unfortunately, an examination for increase in disability compensation was conducted rather than one which would aid the Board in determining whether service connection was appropriate. Thus, the examiner did not address the question of the etiology of the current foot pain, Achilles tendinitis, and plantar fasciitis, particularly whether they were related to the veteran's complaints of burning feet in service. The Board is of the opinion that the veteran should be scheduled for another examination, and the examiner must comment on the relationship if any between the veteran's current foot pathology and the inservice findings. Additionally, any private or VA medical records pertaining to treatments for the veteran's foot condition which are not in the claims folder should be obtained. VA has a duty to assist the veteran in the development of his claim. 38 U.S.C.A. § 5107(a) (West 1991). In view of the foregoing, the case is REMANDED to the RO for the following: 1. The RO should request from the veteran the names and addresses of all the health care providers who have treated him for any foot disorders since service. He should provide any necessary releases. The RO should then ask the health care providers listed by the veteran to provide complete copies of their notes and records on the veteran which are not in the claims folder. All relevant VA outpatient records should also be obtained. Particular attention should be directed to attempting to secure copies of the complete records of Dr. Davis referred to by the veteran in an April 1992 written statement. If any records are not available, that fact should be noted in the claims folder. 2. Following the above, the veteran should be examined by a VA orthopedist to determine the current nature and extent of any bilateral foot pathology. The examination report should contain detailed accounts of all pathology found to be present. The entire claims folder and a copy of this REMAND must be made available to and reviewed by the examiner prior to the examination. All necessary tests, including X-ray studies, should be conducted and reviewed by the physician. The examiner should express an opinion as to the significance of the foot symptomatology during service and the relationship between any such inservice symptomatology and any pathology that is currently present. The report of examination should include a complete rationale for the conclusions reached. 3. The RO should review the examination report and determine if it is adequate for rating purposes and in compliance with this Remand. If not, the report should be returned for corrective action. Following completion of these actions, the RO should review the evidence and determine whether the veteran's claim may now be granted. If not, the veteran and his representative should be provided with an appropriate supplemental statement of the case. Thereafter, the case should be returned to the Board for further appellate consideration. No action is required by the veteran until he receives further notice. JOAQUIN AGUAYO-PERELES 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).