BVA9505901 DOCKET NO. 93-08 103 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES Entitlement to an increased evaluation for arthritis of the knees and shoulders, currently rated 20 percent disabling. Entitlement to increased (compensable) evaluations for sarcoidosis, bilateral high frequency hearing loss, a laceration scar of the left hand, the residuals of a right elbow dislocation and a right inguinal hernia, post operative. Entitlement to a total rating for compensation purposes based on individual unemployability. REPRESENTATION Appellant represented by: Missouri Veterans Commission ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active duty for training from May 1957 to November 1957 and active service from January 1958 to July 1977. This appeal arises from a March 1992 rating determination which continued the 20 percent disability evaluation for arthritis of the knees and shoulders, continued the non-compensable disability evaluations for sarcoidosis, bilateral high frequency hearing loss, a laceration scar of the left hand, the residuals of a right elbow dislocation and a right inguinal hernia, post operative, and denied a total rating for compensation purposes based on individual unemployability. The veteran has raised the issue of service connection for arthritis of the feet. While numerous references to the contents of the veteran's service medical records are contained in the veteran's claims file, the record currently before the Board of Veterans' Appeals (Board) does not include his service medical records. He has indicated that he was treated at the Department of Veterans Affairs (VA), Medical Center, St. Louis, through March 1989, and underwent testing at Fort Leonard Wood Army Hospital in November and December 1990. These medical records have not been obtained. VA examinations of the veteran were conducted in August 1991 and July 1992. Neither examination report included any findings on physical examination relating to the veteran's right elbow. The former examination report did not refer to the veteran's left hand laceration scar and the latter examination report identified the scar but did not provide a description of the scar necessary for rating purposes. Neither examination report included specific findings on range of motion studies of the veteran's knees or shoulders. In Harris v. Derwinski, 1 Vet.App. 180 (1991), the United States Court of Veterans Appeals stated that, when two issues are "inextricably intertwined," a decision on one issue would have a significant impact on a claim for the second issue. The Board believes that, in light of the Harris decision, the question of the veteran's possible entitlement to service connection for arthritis of the feet should be resolved prior to final appellate consideration of the issue of an increased evaluation for arthritis of the knees and shoulders. In view of the foregoing, the Board finds that the issue of a total rating for compensation purposes based on individual unemployability should be deferred and the remaining issues should be REMANDED to the originating agency for the following action: 1. The originating agency should request legible copies of all of the veteran's outpatient and inpatient treatment records from both the VA Medical Center, St. Louis, and Fort Leonard Wood Army Medical Center. Legible copies of all of the veteran's outpatient treatment records dated subsequent to January 1992 and all inpatient treatment records should be requested from the VA Medical Center, Columbia. All records obtained should be made part of the record. 2. The originating agency should associate the veteran's service medical records with his claims file. 3. After the requested medical records have been secured, the originating agency should schedule the veteran for an orthopedic examination to evaluate the current severity of the arthritis of the knees and shoulders and to identify and evaluate the current residuals of his right elbow dislocation. All necessary tests and studies, including range of motion studies, should be conducted and all clinical manifestations should be reported in detail. The examining physician should be given access to the veteran's claims file for a sufficient period of time prior to the examination to allow for a complete review of the record. 4. The originating agency should also schedule the veteran for an audiometric examination to evaluate the current severity of his bilateral high frequency hearing loss, a respiratory examination, to include pulmonary function testing, to identify and evaluate any current residuals of sarcoidosis and a surgical examination to identify any current residuals of his right inguinal hernia, post operative, and to evaluate the left hand laceration scar. All other necessary tests and studies should be conducted and all clinical manifestations relating to each disability should be reported in detail. The audiologist and examining physician(s) should be given access to the veteran's claims file for a sufficient period of time prior to the examinations to allow for a complete review of the record. 5. Upon completion of the above, the originating agency should adjudicate the claim of service connection for arthritis of the feet and promulgate a separate rating decision. Thereafter, the veteran and his representative are to be informed of the determination by letter that includes his appellate rights. Following review, if the determination made on the issue of an increased evaluation for arthritis of the knees and shoulders or a compensable disability evaluation for sarcoidosis, bilateral high frequency hearing loss, a laceration scar of the left hand, the residuals of a right elbow dislocation or a right inguinal hernia, post operative, remains unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the statement of the case should be issued to the veteran and his representative. They should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and afford the veteran due process. EUGENE A. O'NEILL 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).