BVA9501446 
DOCKET NO.  93-08 977     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUES

Entitlement to restoration of a 20 percent disability evaluation
for the residuals of a stress fracture of the left fourth
metatarsal.

Entitlement to an increased evaluation for the residuals of a
stress fracture of the left fourth metatarsal, currently rated 10
percent disabling.

Entitlement to a temporary total disability rating based on
hospitalization on May 19 and May 20, 1992.

Entitlement to a temporary total convalescent rating based on
hospitalization on May 19 and May 20, 1992.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from August 1986 to May 1987.

This appeal arises from an April 1992 rating decision which
reduced the disability evaluation for the veteran's residuals of
a stress fracture of the left fourth metatarsal from 20 percent
to 10 percent.  This appeal also arises from an August 1992
rating decision which denied a temporary total disability rating
based on hospitalization on May 19 and May 20, 1992, and a
temporary total convalescent rating based on hospitalization on
May 19 and May 20, 1992.

The veteran and her representative have requested that
consideration be given to granting service connection for the
post operative residuals of Morton's neuroma as secondary to the
residuals of a stress fracture of the left fourth metatarsal.

In Harris v. Derwinski, 1 Vet.App. 180 (1991), the United States
Court of Veterans Appeals stated that, when two issues are
"inextricably intertwined," a decision on one issue would have a
significant impact on a claim for the second issue.  The Board of
Veterans' Appeals (Board) believes that, in light of the Harris
decision, the question of the veteran's possible entitlement to
service connection for the post operative residuals of Morton's
neuroma should be resolved prior to final appellate consideration
of the issues currently before the Board.

In view of the foregoing, the Board finds that the issues should
be REMANDED to the originating agency for the following action:

1.  The originating agency should, after
obtaining the veteran's authorization for
the release of private medical records,
request copies of all of the veteran's
treatment records dated subsequent to March
1992 from the Albany Orthopedic Center.
All documents obtained should be associated
with the veteran's claims file.

2.  The originating agency should request
copies of all of the treatment records,
both inpatient and outpatient, dated
subsequent to May 1992 from the Department
of Veterans Affairs Medical Center,
Gainesville, Florida.  All documents
obtained should be associated with the
veteran's claims file.

3.  After the requested medical records
have been secured, the originating agency
should schedule the veteran for an
examination to evaluate the current
severity of the residuals of a stress
fracture of the left fourth metatarsal, and
to determine the etiology of the Morton's
neuroma.  All necessary tests and studies
should be conducted and all clinical
manifestations should be reported in
detail.  The examining physician should be
given access to the veteran's claims file
for a sufficient period of time prior to
the examination to allow for a complete
review of the record.

4.  The originating agency should
adjudicate the issue of the veteran's
entitlement to service connection for the
post operative residuals of Morton's
neuroma as secondary to the residuals of a
stress fracture of the left fourth
metatarsal.  Any decision must be supported
by competent medical authority.  The
decision should be in writing to ensure all
due process.  The veteran is to be informed
of the determination by letter that
includes appellate rights.

If the determination made on the issue of restoration of a 20
percent disability evaluation for the residuals of a stress
fracture of the left fourth metatarsal, a disability evaluation
in excess of 10 percent for the residuals of a stress fracture of
the left fourth metatarsal, a temporary total disability rating
based on hospitalization on May 19 and May 20, 1992, or a
temporary total convalescent rating based on hospitalization on
May 19 and May 20, 1992, remains unfavorable to the veteran, a
supplemental statement of the case which sets forth the evidence
received since the August 1992 supplemental statement of the case
should be issued to the veteran and her representative.  They
should be given the appropriate period of time in which to
respond.  Thereafter, the case should be returned to the Board
for further consideration, if in order.  No action is required by
the veteran until she receives further notice.  The purpose of
this REMAND is to obtain clarifying medical information and
afford the veteran due process.

          ALBERT D. TUTERA
          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) (1993).