BVA9503861 DOCKET NO. 93-12 534 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a rating in excess of 20 percent for a left shoulder disorder, currently classified as Hill-Sachs deformity of the humeral head with partial tear of rotator cuff and associated degenerative changes. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Michele M. Florack, Associate Counsel INTRODUCTION The veteran had active duty from August 1975 to August 1978. Upon review of this case, the Board of Veterans' Appeals (Board) notes that the veteran seeks entitlement to service connection for a knee disorder and a back disorder, secondary to the service-connected left shoulder disorder. These particular issues have not been developed for appellate review and are referred to the Regional Office (RO) for appropriate action. In the substantive appeal, the veteran also appeared to be claiming that the effective date for the grant of the 10 percent evaluation for the left shoulder disorder, which was awarded in July 1985, should have been August 11, 1978. This matter is likewise referred to the RO for appropriate disposition. REMAND The Board finds that the veteran's claim for an increased rating for a left shoulder disorder is "well grounded" or plausible within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). The Department of Veterans Affairs (VA) therefore has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 (1994). That duty includes obtaining medical records and medical examinations where indicated by the facts and circumstances of the case. Littke v. Derwinski, 1 Vet.App. 90 (1990). In this case, a review of the medical evidence reveals that there is some discrepancy as to which shoulder represents the veteran's major extremity, a critical factor in this increased rating determination. In VA examination dated in June 1985, the veteran was noted to be right handed. In VA examination dated in October 1992, the veteran was noted to be left handed. In reports of medical history completed in July 1975 and July 1978, the veteran indicated he was right handed. The Board is also of the view that additional medical evaluation of the service-connected left shoulder disability would be in order. Therefore, to ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The veteran should be afforded a VA orthopedic examination to determine the nature, extent, and severity of his service-connected left shoulder disability (Hill-Sachs deformity of the humeral head with partial tear of rotator cuff and associated degenerative changes.) All indicated studies should be performed in accordance with the Physicians' Guide for Disability Evaluation Examinations, including X-rays, loss of strength and range of motion testing, should be performed. 2. Range of motion studies should be reported in degrees for shoulder abduction, forward elevation, and rotation of the left shoulder. Pain on motion and functional loss should be discussed. The orthopedist should identify the veteran's major extremity. In addition, the examiner should be asked to state (i) whether the veteran's left arm has limitation of motion to 25 degrees from the side; (2) whether his left arm has limitation of motion midway between the side and shoulder level; and (3) whether his arm has limitation of motion at the shoulder level. The claims folder should be made available to the examiner for review before the examination. When the above-requested development is completed, the case should again be reviewed by the RO. If the veteran's claim remains denied, the veteran and his representative should be furnished an appropriate supplemental statement of the case. After they have had an adequate opportunity to respond, the case should be returned to the Board for further appellate review, if in order. The purpose of this REMAND is to obtain clarifying data. 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).