BVA9505890 DOCKET NO. 93-15 214 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to an increased evaluation for amputation of the thumb of the left hand (minor), currently evaluated as 30 percent disabling. 2. Entitlement to an increased (compensable) evaluation for residuals of a chest wall wound. ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel REMAND The veteran had active service from July 1968 to October 1971. A review of the evidence of record discloses that when the veteran was accorded his first rating examination by VA in December 1971, he stated he was right-handed. Accordingly, when service connection was granted for amputation of the left thumb by rating decision dated in January 1972, notation was made that the amputation of the thumb of the left hand involved the veteran's minor extremity. However, in his substantive appeal dated in June 1993, the veteran indicated that at the time he was wounded in service, he was left-handed. He related that while hospitalized in service he took classes to become right-handed because of the difficulty using the left hand with the thumb missing. Subsequent to the receipt of the claim at the Board in July 1993, the veteran submitted a letter and a copy of an August 1994 statement from a physician at the VA Medical Center in Ann Arbor, Michigan. In his communication dated that month, he stated that he was receiving continuous treatment at the VA pain clinic in Ann Arbor. The statement from the VA physician reported that the veteran had reflux sympathetic dystrophy which was causing severe burning pain in the left arm and hand. The treatment involved a nerve block which needed to be done every other day for 10 days. This evidence was received without a waiver of the veteran's right to have that evidence initially considered by the RO. Any pertinent evidence submitted by the veteran or representative which is accepted by the Board must be referred to the RO for review and preparation of a supplemental statement of the case, unless this procedural right is waived by the appellant. See 38 C.F.R. § 20.1304(c) (1993). The veteran has not waived his procedural rights and, in view of other necessary developments, this case will be returned to the RO for consideration of the evidence submitted directly to the Board. The veteran has not been accorded a rating examination by VA since January 1992. The United States Court of Veterans Appeals has held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 90, 92 (1990). In view of the subsequent evidence, the Board is persuaded that a current examination is warranted in connection with this appeal. Under the circumstances, the case is REMANDED for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of all health care providers who have treated him for left hand and chest wound residuals in the recent past and specify the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from the veteran, the RO should obtain copies of any treatment records identified by the veteran. The VA medical facility in Ann Arbor, Michigan, should also be contacted and asked to provide the complete clinical records regarding treatment of the veteran there since 1992. 2. Thereafter, a VA orthopedic examination should be arranged to determine the extent and severity of the veteran's left hand disability and his residuals of a chest wound. The examination should be conducted in accordance with the VA's Physician's Guide for Disability Evaluation Examinations (1985). The examination reports should include a medical history with notation of any time lost from work due to the disabilities and detailed findings regarding functional loss caused by the disabilities, including pain, weakness, or fatigability. The claims folder, or copies of all pertinent records, should be made available to the examiner for review. Thereafter, the RO should readjudicate the claims, including the veteran's claim for increase based on involvement of the major extremity. Unless the benefits sought are granted to the veteran's satisfaction, he should be issued a supplemental statement and be provided with the applicable time period in which to respond. The case should then be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. CHARLES E. HOGEBOOM 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 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) (1994).