BVA9505795 DOCKET NO. 93-02 327 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement to service connection for residuals of an injury to the right ankle. 2. Entitlement to service connection for pes cavus. 3. Entitlement to service connection for a "pump bump." REPRESENTATION Appellant represented by: Oregon Department of Veterans' Affairs ATTORNEY FOR THE BOARD Theresa M. Catino, Associate Counsel INTRODUCTION The veteran had active duty for training from February to June 1979. He also served on active military duty from January to May 1991. REMAND In October 1994, the Board of Veterans' Appeals (Board) remanded the case to accord the veteran VA orthopedic and podiatry examinations. The claims file contains a note that the veteran failed to report to the examination which was subsequently scheduled in February 1995. Significantly, however, the claims file contains no evidence that the veteran received notification of the scheduling of this examination. Moreover, after the February 1995 VA examination was canceled due to the veteran's failure to report and before the claims file was returned to the Board, a VA Form 1-646, Statement of Accredited Representation in Appealed Case, was not obtained from the veteran's representative. In addition, a supplemental statement of the case was not furnished to the veteran and his representative. Specifically, the regulations provide that, when a case is remanded by the Board, the agency of original jurisdiction will complete the additional development of the evidence or procedural development required. Following completion of the development, the case will be reviewed to determine whether the additional development, together with the evidence which was previously of record, supports the allowance of all benefits sought on appeal. If so, the Board and the appellant and his or her representative, if any, will be promptly informed. If any benefits sought on appeal remain denied following this review, the agency of original jurisdiction will issue a Supplemental Statement of the Case concerning the additional development pertaining to those issues in accordance with the provisions of 38 C.F.R. § 19.31. 38 C.F.R. § 19.38 (1994). The Board concludes that further assistance to the veteran is required. Accordingly, the case is REMANDED to the RO for the following: 1. The veteran should be contacted and requested to furnish a complete list of all medical personnel and facilities from which he has received treatment for any right ankle, pes cavus, or pump bump disability since his separation from service. The Board is particularly interested in records of any treatment that the veteran may have received from the local VA medical center and from any private physicians. After obtaining the appropriate releases from the veteran where necessary, the health care providers should be contacted and requested to provide all treatment records in their possession pertaining to the veteran. If these records are unavailable, that fact should be annotated in the claims folder. Any available records should be associated with the claims folder. 2. Following the above, the veteran should be accorded VA orthopedic and podiatry examinations to determine the nature, extent, and etiology of any right ankle, pes cavus, and "pump bump" disabilities that he may have. The reports of examination should include a detailed account of all manifestations of joint pathology found to be present. All necessary tests and X-rays should be conducted, and the examiners should review the results of any testing prior to completion of the reports. Special attention should be given to the presence or absence of pain, any limitation of motion, instability, and weakness. The examiners must express opinions as to whether the veteran currently has a "pump bump." In addition, the examiners must express opinions regarding the etiology of the pes cavus. In other words, the examiners must state whether the veteran's pes cavus is a congenital or acquired disorder which was present at his birth or appeared at some later time (if so, please specify the approximate time of origin). The claims folder and a copy of this remand must be made available to and reviewed by the examiner priors to the examinations. The examiners should provide complete rationale for all conclusions reached. 3. The RO should review the examination reports and determine if they are adequate for rating purposes and in compliance with this Remand. If not, they should be returned for corrective action. 4. Thereafter, the RO should formally adjudicate the issues of entitlement to service connection for residuals of an injury to the right ankle, pes cavus, and a pump bump disability. Following completion of these actions, and, if the decision remains unfavorable, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, the case, in accordance with the current appellate procedures, should be returned to the Board for completion of appellate review. The purpose of this REMAND is to obtain clarifying evidence. No action is required of the veteran until further notice is issued. JOHN E. ORMOND 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).