BVA9500350 DOCKET NO. 93-11 184 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for a left leg disorder. 2. Entitlement to an increased disability evaluation for low back strain, currently evaluated as 20 percent disabling. 3. Entitlement to an increased disability evaluation for residuals of gunshot wound to the right knee and thigh, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Anna Bryant, Counsel INTRODUCTION The veteran had active military service from January 1969 to June 1991. This matter came before the Board of Veterans' Appeals (Board) on appeal from a December 1991 rating decision of the Winston-Salem, North Carolina Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claim seeking entitlement to service connection for a left leg disorder. Service connection was granted for low back strain and residuals of gunshot wound to the right knee and thigh. The veteran has appealed the 20 percent and 10 percent disability evaluations respectively, assigned thereto. Initially, the veteran had requested a personal hearing in connection with this appeal before a traveling member of the Board. However, while he was notified of a scheduled hearing on April 23, 1993, he failed to report at the appointed time and place. REMAND The veteran and his representative contend, in part, that the disability evaluations currently assigned for his service- connected low back strain and residuals of gunshot wound to the right knee and thigh are inadequate to compensate him for the effects of the disabilities. Review of the evidentiary record reflects that the veteran has not been afforded an orthopedic examination for the purpose of determining the degree of severity associated with the aforementioned disabilities since October 1991. Under the circumstances of this case, the Board concludes that additional development of the record would be beneficial prior to appellate disposition. Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following action: 1. The veteran should be requested to identify all sources of recent treatment received by him for his left leg disability and service-connected low back strain and residuals of gunshot wound to the right knee and thigh, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should schedule the veteran for an orthopedic examination for the purpose of determining the severity of the service- connected low back strain and gunshot wound residuals of the right knee and thigh, as well as the nature and severity of any left leg disorder which may be present. All indicated tests and studies should be performed and reported in accordance with the VA I[nformation] B[ulletin] 11-56 Physician's Guide for Disability Evaluation Examinations (March 1, 1985). Range of motion studies in all directions should be indicated. Any functional limitation due to pain should be reported. The claims folder should be made available and reviewed by the examiner prior to the examination of the veteran. After the above development has been completed, the RO should review the evidence and determine whether the veteran's claims may now be granted. If any of the determinations remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions and reflects detailed reasons and bases for the decision reached. The veteran should be given the opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order, following appropriate appellate procedures. The purpose of the REMAND is to further develop the record. The Board does not intimate any opinion, either factual or legal, as to the ultimate disposition warranted in this case. No action is required of the veteran until he receives further notice. GARY L. GICK 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).