BVA9508084 DOCKET NO. 93-13 506 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to an increased rating for residuals of a fracture of the left tibial plateau, currently evaluated as 30 percent disabling. 2. Entitlement to an increased rating for residuals of a fracture of the left hip, currently evaluated as 20 percent disabling. 3. Entitlement to a total compensation rating based on individual unemployability. 4. Entitlement to an automobile or other conveyance and adaptive equipment under 38 C.F.R. § 3.808 (1994). REPRESENTATION Appellant represented by: Georgia Department of Veterans Service WITNESSES AT HEARING ON APPEAL Appellant and son ATTORNEY FOR THE BOARD Richard F. Williams, Counsel INTRODUCTION The veteran served on active duty from June 1948 to April 1954, and June 1954 to August 1972. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 1991 decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia, which denied increased ratings for residuals of a fracture of the left tibial plateau (currently rated 30 percent), and residuals of a fracture of the left hip (rated 20 percent); a total compensation rating based on individual unemployability; and a grant of an automobile or other conveyance and adaptive equipment. The veteran and his son testified at a hearing conducted at the RO in May 1992. REMAND The veteran's claims are well-grounded, meaning they are not inherently implausible, and a review of the file reveals there is a further duty to assist him in developing the facts pertinent to those claims. 38 U.S.C.A. § 5107(a); 38 C.F.R. §§ 3.103, 3.159 (1994). It is my judgment that a more current VA orthopedic examination for the purpose of the determining the current severity of his service connected disabilities is warranted. Green v. Derwinski, 1 Vet.App. 121, 123, 124 (1991); Hyder v. Derwinski, 1 Vet.App. 221 (1991); Caffrey v. Brown, 6 Vet.App. 377, 381 (1994). The last VA compensation examination performed for the purpose of evaluating the veteran's service-connected left hip and knee disabilities was in March 1991. In view of the fact that the last compensation examination is approximately four years old and there are allegations of increased impairment, a current compensation examination is warranted. See Caffrey, 6 Vet.App. 377. In written statements and testimony presented during this appeal, the veteran has indicated that he has low back and left ankle disorders due to his service-connected disabilities of the left lower extremity. In a December 1992 decision, the RO denied secondary service connection for low back and left ankle disabilities. The veteran did not enter a notice of disagreement with that decision within one year after the date of notice. The decision has become final and is not before the Board on appeal. See 38 C.F.R. §§ 3.160(d), 20.302(a) (1994). The veteran claims that he is essentially wheelchair bound because of his service-connected residuals of fractures of the left hip and left knee. It is evident from the record that he has additional non-service-connected disabilities that could result in lower extremity symptoms. Specifically, there is medical evidence of alcohol related peripheral neuropathy of the lower extremities, as well as a low back disability. To the extent possible, service and non-service-connected symptomatology should be differentiated. Begin v. Derwinski, 3 Vet.App. 257, 258 (1992). The Board further notes that there is information on file that indicates that the veteran has filed for Social Security disability benefits in recent years. While any Social Security Administration (SSA) regarding the veteran's unemployability is not controlling for VA compensation purposes, the statutory duty to assist requires that the VA obtain the SSA decision and all supporting medical records used in making the determination, and consider the documents as evidence in the VA claim. Murincsak v. Derwinski, 2 Vet.App. 363 (1992). It is also apparent that there may be additional clinical evidence available that is relevant to this appeal. The duty to assist includes obtaining all relevant records. Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990); Murincsak, 2 Vet.App. 363 (1992). Hence, the case is REMANDED to the RO for the following actions: 1. The RO should ask the veteran, with the assistance of his representative, to prepare a detailed list of all sources (VA or non-VA) of examination and treatment for his left hip, left knee, left ankle, and low back disabilities. Names and addresses of the medical providers, and dates of examination and treatment, should be listed. After obtaining any needed release forms from him, the RO should directly contact the medical providers and obtain all relevant records that are not currently on file. 38 C.F.R. § 3.159 (1994). 2. The RO should directly contact the SSA and obtain copies of any decision pertaining to a claim for disability benefits and all medical records of the veteran in possession of that agency that are not already on file. 3. The veteran should undergo VA orthopedic and neurologic examinations for the purpose of determining the current severity of his service-connected residuals of fractures of the left tibial plateau with traumatic arthritis, and residuals of a fracture of the left hip, and to distinguish the symptoms of these disabilities from those of any low back, left ankle, or neuropathy-related disability that may be present. Complete range of motion studies of the left hip and left knee should be performed. All other indicated studies or tests should be conducted. The examiner(s) should note the absence or presence of any nonunion, malunion, or loose motion of the fractures of the left tibial plateau and left hip that may be present. A Social and industrial history should also be obtained, including educational background and all previous employment. The claims file must be made available to and reviewed by the orthopedist prior to the requested examination. 4. Thereafter, the RO should review the claims for increased ratings for residuals of a fracture of the left tibial plateau with traumatic arthritis, and residuals of a fracture of the left hip; and a total compensation rating based on individual unemployability. If any claim is denied, the veteran and his representative should be issued a supplemental statement of the case, and they should be provided an opportunity to respond. Then the case should be returned to the Board. J. E. DAY 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).