BVA9502553 DOCKET NO. 93-08 677 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia THE ISSUES 1. Entitlement to an increased evaluation for calluses of the right foot, currently evaluated as 10 percent disabling. 2. Entitlement to service connection for bilateral pes planus and "osseous deformities" of the right foot. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD E. A. Artman, Associate Counsel INTRODUCTION The record shows that the veteran completed 3 years, 1 month and 1 day of honorable active service between September 1973 and January 1978. REMAND This case presents the question of whether the veteran's preexisting bilateral pes planus was aggravated by his active service between the years of 1973 and 1978. More specifically, it is unclear from the record presented whether inservice treatment of the veteran's service-connected calluses of the right foot represents an increase in severity of his preexisting bilateral pes planus and, if so, whether such increase might be attributed to his active service (as opposed to a natural progression of the disorder). In addition, the veteran has asserted that his right foot has become so painful that he is prevented from standing or walking normally. Assuming this is the case for purposes of development of his claims, then it is necessary to ascertain for the record to what extent this pain is attributable to his service-connected calluses and other identifiable service-related foot conditions. The veteran in this regard feels that he has been found to have certain "osseous deformities" by Dr. Durham and that these are the cause of intractable plantar keratoses. Because clarification of these issues requires additional medical assessment of the evidence of record and the veteran's feet disorder(s), this case is REMANDED for the following actions: 1. The RO should take appropriate steps to obtain copies of all treatment records pertaining to the veteran's claimed foot disorders from November 1992 to date. In particular, copies of treatment records should be requested from the VA facility at Dublin, Georgia. In addition, copies of treatment records should be requested from J. K. Durham, D.P.M., of Albany, Georgia, pertaining to any treatment he may have provided the veteran since October 1991. The RO should also contact the veteran in an appropriate manner in an effort to obtain copies of any treatment records which may be available from a Dr. Williams, as indicated by the veteran's October 1991 testimony before a hearing officer. 2. Upon completion of step (1), the RO should arrange for a VA examination of the veteran's feet, preferably by a board- certified or board-qualified podiatrist in order to determine the current severity of his service-connected foot disorder. In doing so, the veteran's claims file should be made available for the examiner's review prior to the scheduled examination date. A complete diagnosis, which is in conformity with the relevant provisions of the VA's Physician's Guide for Disability Evaluation Examinations (IB 11-56, Mar. 1, 1956), should be provided for all identified foot disorders/abnormalities. The degree of severity of each observed foot disorder should be characterized as severe, moderately severe, moderate or mild for rating purposes. See 38 C.F.R. § 4.71a, Codes 5276-5284 (1993). Based on her/his review, the examiner should also provide an opinion as to the following considerations: Whether any pes planus found to exist may be said to have increased in severity beyond natural progress during the veteran's active service and, if so, whether any identified "osseous deformities" as noted by Dr. Durham are the result of disease or injury in service. All opinions and conclusions offered by the examiner should be set forth in detail and accompanied by findings and bases supportive thereof. 3. Based on the evidence obtained pursuant to the development sought above, the RO should take all indicated adjudicatory action. This should include initial adjudication and development of the issue of service connection for "osseous deformities" of the right foot. If any of the benefits sought by the veteran on appeal are not granted, a supplemental statement of the case should be issued. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case, the claims file should be returned to this Board for further appellate review if so indicated. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the disposition of this appeal. STEPHEN L. WILKINS 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) (1993).