BVA9506244 DOCKET NO. 93-08 730 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection for a right knee disorder. 3. Entitlement to service connection for a chronic left ear disorder. 4. Entitlement to service connection for chronic headaches. 5. Entitlement to an increased evaluation for hallux valgus of the left foot, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD S. D. Regan, Associate Counsel REMAND The veteran had active service from February 1988 to April 1991. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from an October 1991 rating decision of the Waco, Texas Regional Office (hereinafter "the RO") which granted service connection for hallux valgus of the left foot with a 10 percent disability evaluation and denied service connection for a left knee disorder, a right knee disorder, a chronic left ear disorder and for chronic headaches. The veteran has been represented throughout this appeal by the Disabled American Veterans. The veteran asserts on appeal that the RO erred in denying service connection for a left knee disorder, a right knee disorder, a chronic left ear disorder and for chronic headaches and in failing to grant an evaluation in excess of 10 percent for his service-connected hallux valgus of the left foot. In reviewing the record, the Board notes that the veteran was afforded a Department of Veterans Affairs (hereinafter "VA") general medical examination in August 1991. No examination was conducted as to the veteran's right knee as she apparently related no complaints as to a right knee disorder. However, in her October 1992 substantive appeal, the veteran stated that although her right knee had not bothered her much she did experience mild pain and swelling on occasion. Given the nature of the veteran's contentions, and the lack of an examination of the veteran's right knee the Board concludes that an additional VA orthopedic evaluation would be helpful in resolving the issues raised by the instant appeal. Additionally, the Board observes that in her October 1992 substantive appeal, the veteran suggested that her claimed left and right knee disorders were etiologically related to her service-connected hallux valgus of the left foot because the latter causes an impaired gait. Although the RO developed the issues of service connection for both a left and right knee disorder on a direct basis, service connection for such disorders as secondary to the veteran's service connected left foot disorder has not been addressed and, the Board concludes it should be. The Board finds that the RO should formally consider the issues of service connection for a left and right knee disorder on both a direct basis and as secondary to the veteran's service-connected hallux valgus of the left foot. In light of the VA's duty to assist the veteran in the proper development of her claim as mandated by the provisions of 38 U.S.C.A. § 5107(b) (West 1991) and as interpreted by the United States Court of Veterans Appeals (hereinafter "the Court") in Littke v. Derwinski, 1 Vet.App. 90, 92-93 (1990), this case is REMANDED for the following action: 1. The RO should schedule the veteran for a VA orthopedic evaluation in order to determine the present nature and severity of her left knee disorder, her right knee disorder as well as her service connected hallux valgus of the left foot. These studies should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The claims folder should be made available to the examiner for review prior to the examination. 2. The RO should formally adjudicate the veteran's entitlement to service connection for a left knee disorder and for a right knee disorder on a direct basis and as secondary to her service-connected hallux valgus of the left foot. When the requested action has been completed, and if her claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless she is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. E. W. SEERY 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) (1994).