BVA9506406 DOCKET NO. 93-10 130 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a multiple joint orthopedic disability, secondary to service-connected rheumatic heart disease. 2. Entitlement to service connection for pes planus. 3. Entitlement to an increased evaluation for rheumatic heart disease, currently rated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The veteran and his wife ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active service from January 1953 to June 1957. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of November 1991 and October 1992 by the Department of Veterans Affairs (VA) Waco, Texas, Regional Office (RO). REMAND During his May 1992 personal hearing, the veteran testified that he experienced pain and swelling in several of his joints. The evidence that has been associated with the veteran's claims file indicates that he has made similar claims for a number of years for which he has been examined on several occasions. Upon examination in April 1966 and March 1969, x-rays did not reveal any arthritis in the veteran's joints, particularly in the elbows, knees, and feet. In March 1971, the veteran was found to have transient pain and occasional swelling in multiple joints that was characterized as possible low-grade arthritis. Nevertheless, x-rays obtained in 1973 did not reveal the presence of any arthritis. More recently, the veteran was diagnosed with mild to moderate degenerative joint disease and osteoarthritis secondary to his service-connected rheumatic fever during an October 1991 VA orthopedic examination. During an October 1991 VA medical examination, however, the examiner concluded that the veteran's problems were likely due to arthritis and were not connected to his service-connected rheumatic heart disease. The Board notes that although the veteran was diagnosed with arthritis during both of the October 1991 examinations, the required radiographic evidence was not obtained to support these diagnoses. See 38 C.F.R. § 4.71a, Diagnostic Code 5300 (1994). Therefore, in order to give the veteran every consideration with respect to the present appeal, it is the Board's opinion that further development of the case is warranted. Accordingly, this case is REMANDED for the following actions: The veteran should be afforded a special rheumatologic examination in order to ascertain the nature and severity of his multiple joint orthopedic disability. All studies deemed appropriate by the examiner, including x-rays, should be accomplished. The examiner should render an opinion as to the degree of probability, if any, that the veteran's multiple joint orthopedic disability is proximately due to or the result of his service-connected rheumatic heart disease. The claims file or copies of all pertinent records contained therein should be made available to the examiner prior to and during the examination for a complete study of the case. After completion of the requested development, the case should be reviewed by the RO. If the determination remains adverse to the veteran, the case should be returned to the Board after compliance with the provisions for processing appeals, including the issuance of a supplemental statement of the case and provision of the applicable time period for response thereto. The Board will defer full consideration of all issues on appeal pending completion of the above-requested development. 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. JACQUELINE E. MONROE 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).