Citation Nr: 0007127 Decision Date: 03/16/00 Archive Date: 03/23/00 DOCKET NO. 98-06 140 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to a total disability evaluation based on individual unemployability (TDIU) due to service connected disabilities. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD R. M. Panarella, Associate Counsel INTRODUCTION The veteran served on active duty from August 1964 to July 1968. This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from the January 1998 rating decision of the Department of Veterans Affairs (VA) Regional Office in Columbia, South Carolina (RO). REMAND A preliminary review of the record discloses that the veteran is service connected for bilateral pes planus, evaluated as 50 percent disabling, and that he apparently has multiple disabilities of his feet in addition to his service connected pes planus. For example, following a VA examination performed in May 1998 the examiner concluded that the veteran had multiple foot problems including degenerative changes, diabetic neuropathy, decreased sensation, multiple fungal infections, decreased pulses, and decreased blood flow, all of which resulted in foot pain. The veteran has contended that, "Since no physician has determined how much my service connected disability contributes to my overall foot problem the you must assume that my lack of mobility is due to my service connected disability." It is true that when it is not possible to separate the effects of the service-connected condition and the non-service-connected conditions, 38 C.F.R. § 3.102 dictates that such signs and symptoms of the non-service- connected conditions be attributed to the service-connected condition. See Mittleider v. West, 11 Vet. App. 181, 182 (1998). However, in this case, as noted by the veteran, no physician has attempted to differentiate symptomatology associated with service and non-service connected disorders. Therefore, the Board is of the opinion that a further examination of the veteran would be helpful. Therefore, in order to give the appellant every consideration with respect to the present appeal, it is the Board's opinion that further development of the case is necessary. Accordingly, this case is REMANDED for the following action: The veteran should be afforded an examination of his feet to ascertain the severity and manifestations of all disorders of the feet. Any and all indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The examiner is requested to report complaints and clinical findings in detail and clinically correlate the complaints and clinical findings to a diagnosed disorder. The examiner is further requested to offer comments and an opinion as to the degree of functional impairment in the veteran's capacity for performing substantially gainful employment is caused solely by his service connected pes planus and that caused by non-service-connected disorders. Since it is important "that each disability be viewed in relation to its history[,]" 38 C.F.R. § 4.1 (1999), copies of all pertinent medical records in the veteran's claims file or, in the alternative, the claims file, must be made available to the examiner for review. When the development requested has been completed, the case should again be reviewed by the RO on the basis of the additional evidence. If the benefit sought is not granted, the appellant and his representative should be furnished a Supplemental Statement of the Case, and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. The appellant is free to submit any additional evidence and/or argument he desires to have considered in connection with his current appeal. No action is required of the appellant until he is notified. RAYMOND F. FERNER Acting Member, Board of Veterans' Appeals 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) (1999).