BVA9501874 DOCKET NO. 93-07 546 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased rating for residuals of a fracture of the left lateral malleolus and os calcis with osteoporosis, currently evaluated as 20 percent disabling. 2. Entitlement to service connection for disability of the right ankle and foot, claimed as secondarily due to service-connected disability. 3. Entitlement to service connection for a left knee disability, claimed as secondarily due to service-connected disability. 4. Entitlement to service connection for a left hip disability, claimed as secondarily due to service-connected disability. 5. Entitlement to service connection for a low back disability, claimed as secondarily due to service-connected disability. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs INTRODUCTION The veteran had active duty from April 1969 to April 1971. This appeal is taken from an April 1992 Regional Office (RO) determination which confirmed and continued a 20 percent evaluation for a left ankle and heel disability, and denied entitlement to service connection for disabilities of the right ankle and foot, left knee, left hip and low back, claimed as secondarily due to the service-connected left ankle and heel disability. In a statement dated and received in January 1993, the veteran raised the issue of entitlement to service connection for hearing loss disability. This issue has not been developed for appellate consideration at this time, and is not inextricably intertwined with any issue on appeal. As such, it is referred to the RO for appropriate action. REMAND It is essentially contended that the service-connected left ankle and heel disability has worsened, and that a higher disability evaluation is warranted. Specifically, it is asserted that the veteran "has traumatic arthritis involving [the] left ankle and foot with occasional incapacitating exacerbations." It is also asserted that impaired gait due to the left ankle and heel disability has resulted in disabilities of the right ankle, left knee, left hip, and low back. As such, it is asserted that service connection is warranted for those disabilities as secondarily due to service-connected disability. VA examination reports of record establish that the veteran currently has pain and limitation of motion of the low back with a diagnosis of mechanical low back pain, and limitation of motion and intermittent pain of the right ankle. The record is devoid of any medical opinion as to whether any of these clinical findings is attributable to disability secondarily due to service-connected left ankle and heel disability. Further, the VA examination reports contain no findings relative to the veteran's left hip, left knee, and right foot. Additionally, although right ankle arthritis demonstrated by X-ray examination was reported by a private physician in January 1991, no such abnormality was identified on VA X-ray examination in March 1992. The Board is unclear as to whether such disability currently exists. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development. 1. The RO should obtain the names and addresses of all medical care providers who have treated the veteran for disability of the right ankle or foot, left knee, left hip or low back, as well as from 1991 for the service-connected left ankle and heel disability. After securing the necessary release, the RO should obtain all reports of such treatment, not already of record. 2. The veteran should be afforded a VA orthopedic examination to determine the nature and etiology of any disability of the left knee, left hip or right foot. All tests indicated, to include radiological and range of motion studies, are to be conducted, and the examiner is to set forth all findings, along with the reasons and bases therefor, in a clear, comprehensive and legible manner on the examination report. The RO should also specifically request that the VA examiner determine whether any currently or previously identified disability of the right ankle or foot, left knee, left hip and low back is etiologically related to the veteran's service-connected left ankle and heel disability, and the reasons and bases for that determination. The claims folder should be made available to the examiner for review before the examination. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. U. R. POWELL 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) (1993).