BVA9501158 DOCKET NO. 93-07 746 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to an increased (compensable) evaluation for residuals of a fracture of the left wrist. REPRESENTATION Appellant represented by: New York Division of Veterans' Affairs WITNESS AT HEARING ON APPEAL Appellant and his spouse ATTORNEY FOR THE BOARD M. Auer, Counsel REMAND The veteran served on active duty from January 1943 to December 1945. This appeal arises from a rating decision of August 1992 from the Department of Veterans Affairs (VA), New York, New York, Regional Office (RO). The Board of Veterans' Appeals (Board) notes that the veteran has not received a VA examination of his left wrist for many years. VA has a duty to assist the veteran in the development of facts pertinent to a well-grounded claim. 38 U.S.C.A. § 5107 (West 1991); 38 C.F.R. 3.159 (1993). The United States Court of Veterans Appeals (Court) held, in Proscelle v. Derwinski, 2 Vet.App. 629, 631 (1992), that because a claim for an increased rating is regarded as a new claim, it is subject to the well-groundedness requirement, and that such burden is met when an appellant indicates that he has suffered in increase in disability. In this case, the appellant and his wife have testified as to increased left wrist impairment. The Court has also held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. See Littke v. Derwinski, 1 Vet.App. 90, 92 (1990). Accordingly, the claim is REMANDED for the following actions: 1. The RO should request the veteran to identify all sources of recent treatment he has received for his left wrist disorder. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be obtained and added to the claims folder. 2. A VA orthopedic examination should be arranged to determine the extent and severity of the veteran's residuals of a fracture of the left wrist. The examination should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations (1985). The examiner should set forth detailed findings regarding limitation of motion and any other functional loss caused by the residuals of a fracture of the left wrist. Range of motion, in terms of degrees, with a comparison of the opposite side should be reported. The presence or absence of painful motion must be reported. The examiner should also describe any func- tional loss the veteran may experience as a result of pain, weakness or fatigability and the effect of any other nonservice - connected disorder has on the left wrist. The claims folder, or copies of all pertinent records, should be made available to the examiner for review. The RO should then review the veteran's claims in light of all the evidence and applicable legal criteria. If his claim remains denied, the veteran and his representative should be provided with a supplemental statement of the case that includes any additional pertinent law and regulations and a full discussion of the evidence in his case. The appropriate response time should be allowed. The case should be returned to the Board, if in order, after compliance with all regulatory appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. GARY L. GICK 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 deter- mination. 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) (1993).