BVA9507424 DOCKET NO. 93-11 560 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to an increased evaluation for residuals of bilateral knee trauma, currently evaluated as 10 percent disabling. 2. Entitlement to an increased (compensable) evaluation for residuals of trauma to the right shoulder. 3. Entitlement to an increased (compensable) evaluation for residuals of trauma to the left shoulder. 4. Entitlement to an increased (compensable) evaluation for residuals of bilateral fractured elbow. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Julia M. Kurtz, Associate Counsel INTRODUCTION The veteran served on active duty from July 1978 to July 1982. This appeal arises from a December 1991 rating decision of the North Little Rock, Arkansas, Regional Office (hereinafter RO) which denied increased evaluations for the veteran's service- connected bilateral elbow, shoulder, and knee disabilities. The veteran testified before a hearing officer at the RO in August 1992. He is represented in his appeal by The American Legion. REMAND The veteran is service connected for residuals of bilateral knee trauma, currently evaluated as 10 percent disabling; residuals of trauma to the right shoulder, evaluated as noncompensable; residuals of trauma to the left shoulder, evaluated as noncompensable; and residuals of bilateral fractured elbow, evaluated as noncompensable. Except as otherwise provided in the rating schedule, all disabilities, including those arising from a single disease entity, are to be rated separately, and then all ratings are to be combined pursuant to 38 C.F.R. § 4.25 (1994). Thus, the case should be remanded so that the RO may review the record and determine the appropriate rating to be assigned for each of the separate disabilities of the veteran's service-connected bilateral knee disability and bilateral fractured elbow disability. The Department of Veterans Affairs (hereinafter VA) has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994). Massey v. Brown, 7 Vet.App. 204 (1994). The United States Court of Veterans Appeals has held that the duty to assist the veteran in obtaining and developing available facts and evidence to support his claim includes obtaining medical records to which the veteran has referred and obtaining adequate VA examinations. Littke v. Derwinski, 1 Vet.App. 90 (1990). The Board notes that although the latest VA examination of record was conducted in November 1991, the veteran argues that there has been a worsening of his disability. Furthermore, the veteran has indicated that he receives continuing VA outpatient treatment and the latest records of such treatment are dated in January 1993. While the Board regrets the delay in reaching a final decision imposed by remanding this case, such action is found to be appropriate in view of our efforts to comply with continually evolving doctrine as set forth by the Court. It is felt that proceeding with a decision on the merits at this time would not withstand Court scrutiny. In light of the foregoing, this case is REMANDED to the RO for the following action: 1. The RO should contact the North Little Rock VA Medical Center, and request all treatment records dating from January 1993 to the present. 2. The RO should schedule the veteran for a VA examination to determine the nature and extent of the veteran's service- connected bilateral shoulder, knee, and elbow disabilities. The examination should be performed in accordance with the VA's Physician's Guide for Disability Evaluation Examinations. All pertinent symptomatology, functional limitations, and findings should be reported in detail. All indicated studies and diagnostic tests should be performed. The claims folder should be made available to the examiner for review prior to the examination. 3. Upon completion of the above requested development, the RO should review the evidence of record and readjudicate the assignment of disability evaluations in light of the Board's conclusions that separate ratings are warranted for the veteran's service-connected left knee disability, right knee disability, left elbow disability, right elbow disability, left shoulder disability, and right shoulder disability. When the above action has been completed, the case should be reviewed by the RO. Thereafter, if the issue(s) on appeal remain(s) denied, the appellant and his representative should be furnished a supplemental statement of the case, and afforded a reasonable period of time within which to respond thereto. Thereafter, subject to current appellate procedures, the case should be returned to the Board. The purpose of this REMAND is to obtain additional evidence and afford due process of law to the appellant. No inference should be drawn herefrom regarding the final disposition of this claim. LAWRENCE M. SULLIVAN 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).