BVA9507569 DOCKET NO. 93-14 582 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUE Entitlement to an increased (compensable) evaluation for residuals of a fractured right clavicle. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD James Douglas, Associate Counsel REMAND This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office in Hartford, Connecticut (RO), which denied the benefit sought on appeal. The veteran, who had active service from October 1982 to January 1985. A preliminary review of the record discloses that the veteran contends that he has compensable residuals from his service connected fracture of his right clavicle. The original rating decision of March 1985 indicated that the veteran fractured his right clavicle in January 1983 while playing softball, and that the condition had healed without residuals. Although the confirmed rating decision of May 1992 stated that the veteran had not complained about his shoulder since 1987, the veteran's 1988 statement in support of claim describes pain in both of his shoulders as well as the treatment he was undergoing. A VA orthopedic examination in September 1992 characterized the veteran's current condition as possible adhesive capsulitis, also known as "frozen shoulders", noting loss of strength, tenderness, and limited range-of-motion for both shoulders. The RO's subsequent supplemental statement of the case correctly states that the examiner did not relate the current condition to the service connected fracture. The examiner, however, did not describe the etiology of the current condition or specifically rule-out a relationship between the current condition and the service connected fracture. Consequently, the Board is of the opinion that further development is warranted. Therefore, in order to give the veteran every consideration with respect to the present appeal. Accordingly, this case is REMANDED for the following actions: The veteran should be afforded an orthopedic examination of his right shoulder to ascertain the nature, etiology and pathology of all disorders of the shoulders which may be present. Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The examiner is specifically requested to review all pertinent medical records from both during and after service, and offer comments and an opinion concerning the degree of probability, if any, that disability of the right shoulder currently present is medically related to the veteran's service-connected right clavicle fracture in any way. The rationale for the opinion reached should be provided. The claims folder should be made available to the examiner for review in connection with the examination. When the development requested has been completed, the case should again be reviewed by the RO on the basis of the additional evidence. The veteran and his representative should then be furnished a supplemental statement of the case, and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. No action is required of the veteran until he is notified. 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 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).