BVA9507889 
DOCKET NO.  93-14 844     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

Entitlement to an increased evaluation for shell fragment wound
scar of the right ankle, adjacent to the tendoachilles, currently
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

J. W. Loeb, Counsel
INTRODUCTION

The veteran served on active duty from December 1943 to January
1946.  This case came before the Board of Veterans' Appeals
(Board) on appeal from a June 1990 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Nashville, Tennessee.

REMAND

A review of the record reveals that the most recent VA
compensation examination of the right ankle for rating purposes
was in March 1985.  Subsequent private and VA treatment records,
including VA outpatient records for June and July 1993, reflect
treatment for right ankle disability.  It was contended on behalf
of the veteran in December 1993 that this case should be remanded
to the RO for a current examination of the veteran's shell
fragment wound scars of the right ankle.

VA has a duty to assist the veteran in the development of facts
pertinent to his claim under 38 C.F.R. § 3.103(a)(1994).  The
United States Court of Veterans Appeals has held that fulfillment
of the VA's duty to assist the veteran includes providing him
with a thorough and contemporaneous medical examination.  Littke
v. Derwinski, 1 Vet.App. 90, 92 (1990).

Accordingly, the Board finds that additional development is
warranted prior to final disposition of this case.  Therefore,
this case is being REMANDED to the RO for the following actions:

1.  The veteran should be permitted to
submit any additional evidence in his
possession that is pertinent to the issue
on appeal.  He should also be requested to
provide the names, addresses, and dates of
treatment of any physicians or facilities,
including the VA, that have treated him for
his service-connected right ankle
disability since July 1993.  Any medical
provider identified should be asked for
copies of the veteran's clinical records.
Any records obtained should be associated
with the claims folder.  The veteran should
be asked to sign any necessary consent
forms for release of his private medical
records.

2.  The veteran should be given a special
orthopedic examination, in accordance with
the VA Physician's Guide for Disability
Evaluation Examinations, to determine the
current severity of his service-connected
shell fragment wound scar of the right
ankle.  The examiner should obtain a recent
employment history from the veteran,
including notation of any time lost from
employment due to his right ankle
disability.  All necessary tests and
studies, including ankle range of motion
studies, should be conducted, and all
findings should be reported in detail.  The
examiner should give an opinion as to the
functional limitation caused by the shell
fragment wounds of the right ankle from the
standpoint of a person working or seeking
work.

3.  The RO should then readjudicate the
issue on appeal, to include consideration
of all applicable diagnostic codes and the
provisions of 38 U.S.C.A. § 5107(b) (West
1991), as well as 38 C.F.R. §§ 3.321(b)(1)
and 4.7 (1994).

When the above actions have been completed, unless the benefit
sought is granted to the satisfaction of the veteran, the veteran
and his representative should be provided with a supplemental
statement of the case and given the applicable time period to
respond.  The case should then be returned to the Board, if
otherwise in order.  The veteran need take no action until
notified.

          THOMAS J. DANNAHER
          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) (1994).