BVA9505969 DOCKET NO. 93-11 807 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased evaluation for bilateral weak foot, presently rated as 10 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD P. J. McCarty, Associate Counsel INTRODUCTION The veteran served on active duty from May 1944 to May 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 1992 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The veteran was afforded a personal hearing before the undersigned member of the Board in May 1993. REMAND The record shows that the veteran is seeking service connection for hip and low back disabilities secondary to his service- connected bilateral weak foot. These issues have not been developed or adjudicated by the RO. The Board notes that additional postservice records pertinent to the veteran's claims appear to be available from the VA Medical Center in Port Richey, Florida. The veteran also stated that he was treated recently by Dr. Goodman, a private podiatrist, in Clearwater, Florida, and in approximately 1990 at the Mease Hospital in Dunedin, Florida. Records pertinent to such treatment are not currently in the veteran's claims file. Further, the Board notes that the veteran's last VA examination of his feet for compensation purposes was in July 1984. Accordingly, the Board concludes that further RO action is necessary. The case is therefore REMANDED to the RO for the following actions: 1. The veteran should be requested to provide the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him at any time since service for hip and low back disabilities, as well as for health care providers who have treated him in recent years for his bilateral weak foot disability. With any necessary authorization, the RO should attempt to obtain copies of all postservice treatment reports identified by the veteran which have not been previously secured. Specifically, the RO should attempt to obtain copies of pertinent treatment records from Dr. Goodman in Clearwater, Florida, and the Mease Hospital in Dunedin, Florida. In any event, the RO should obtain copies of any more recent records pertaining to treatment of the veteran at the VA Medical Center in Port Richey, Florida. 2. The veteran should be afforded a VA examination by a board certified orthopedist, if available, to determine the nature and extent of the veteran's bilateral weak foot disability. The examiner should also determine whether the veteran has hip and low back disabilities, and if so, give an opinion with respect to each low back and hip disorder present as to whether it is as least as likely as not that it is etiologically related to the veteran's service-connected bilateral weak foot disability. The rationale for any opinions expressed should be provided. The claims folder must be made available to the examiner for review prior to the examination. 3. Then, the RO should undertake any other indicated development, readjudicate the issue on appeal, and adjudicate the issues of entitlement to service connection for hip and low back disabilities. The RO should specifically consider whether service connection is warranted for hip and low back disabilities on a secondary basis. If the benefit sought on appeal is not granted to the veteran's satisfaction, or if a timely notice of disagreement is received with respect to any other matter including the dispositions of the claims for entitlement to service connection for hip and low back disabilities, the RO should issue a Supplemental Statement of the Case for all issues in appellate status, and the veteran and his representative provided an opportunity to respond. With respect to any issue addressed in the Supplemental Statement of the Case which does not appear on the title page of this decision, the RO should advise the veteran of the requirements to perfect an appeal. Thereafter, the case should be returned to the Board for further consideration, if otherwise 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 otherwise notified by the RO. SHANE A. DURKIN 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. The above 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).