BVA9507453 DOCKET NO. 93-12 929 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for a left hip disorder. ATTORNEY FOR THE BOARD J. A. McDonald, Associate Counsel INTRODUCTION The veteran served on active duty from August 1961 to August 1990. This case comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from the Department of Veterans Affairs Regional Office in Houston, Texas (hereinafter RO). REMAND The veteran contends that while jogging in service, he incurred left hip pain. He stopped jogging, and the pain abated. However, whenever he attempted to jog, the pain returned. He maintains that by the time he retired from the military, he noticed pain in his left hip even when he was not jogging. In reviewing the record, this panel of the Board notes that the veteran was scheduled for a VA orthopedic examination with regard to his left hip in May 1992. A message in the file reflects that the veteran withdrew his claim, and had moved. A letter from the veteran in May 1992 reflected he was withdrawing his appeal with respect to other issues, but not the hip. Moreover, inasmuch as the veteran moved, it is unclear whether he actually received timely notice of the examination. In view of the foregoing, it is the opinion of the Board that additional development is called for so that the VA complies with the statutory duty to assist the veteran in proving his claim, 38 U.S.C.A. 5107 (1991). Accordingly, the case is being REMANDED for the following action: The veteran should be scheduled for an orthopedic examination to determine whether he manifests a disability of the left hip. The examination should be conducted consistent with the Physician's Guide for Disability Evaluation Examinations. The claims folder should be made available to the examiner for study prior to the examination. When the above development has been completed, the case should again be reviewed by the originating agency. If the decision remains adverse to the veteran, he and his representative should be furnished a Supplemental Statement of the Case and afforded a reasonable period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action unless he is further informed. The purpose of this REMAND is to obtain additional evidence and no inference should be drawn regarding the final disposition of the claim. E. W. SEERY 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).