BVA9506316 DOCKET NO. 93-14 171 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Albuquerque, New Mexico THE ISSUE Entitlement to an increased rating for thrombophlebitis of the left lower extremity, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from September 1956 to December 1975. This appeal arises from a September 1992 rating decision of the Albuquerque, New Mexico, regional office (RO). In pertinent part, that decision denied an increased rating for the appellant's service-connected thrombophlebitis of the left lower extremity. In a statement dated in January 1992, a service department physician reported that the appellant's thrombophlebitis was recurrent, severe, with venous insufficiency requiring chronic anticoagulation, and chronic edema with venous stasis ulcer. The service department physician reported that the veteran had been followed by her in Internal Medicine over the last three years. These records have not been obtained and added to the records assembled for appellate review; they would be helpful in evaluating the disability in relation to its history and should be obtained. 38 C.F.R. § 4.1 (1994). Additionally, it is the opinion of the Board of Veterans' Appeals (Board) that the report of disability evaluation examination by the Department of Veterans Affairs (VA) in August 1992 is inadequate for rating purposes in that the extent of swelling and pigment changes were not recorded. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should request the veteran to provide the names and addresses of all health care providers who have treated him for thrombophlebitis since January 1992, specifying the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from him, the RO should obtain copies of any treatment records identified by him which have not already been associated with the claims folder. The RO should ensure that all medical records from Cannon Air Force Base, particularly records of Susan Melton, M.D., for 1989 and thereafter, be obtained and associated with the claims file. 2. The appellant should be afforded a VA examination to determine the current extent of the service-connected thrombophlebitis. The claims folder must be made available to the examiner for review before the exami- nation. The examination should be conducted in accordance with the VA's Phy- sician's Guide for Disability Evaluation Examinations (1985). The examiner should review the historical data contained in the claims folder and elicit from the veteran details concerning the severity and persistence of swelling of the leg or thigh, as well as the severity and frequency of pain. All indicated special tests and studies should be conducted, such as Trendelenburg's and Perthes' tests. Clinical findings should be reported in detail, to include the extent and severity of swelling and pigment changes. The examiner should discuss how this condition impacts on the veteran's ability to work. 3. Thereafter, the RO should readjudicate the veteran's claim. The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.7 (1994). If the benefit sought is not granted to the veteran's satisfaction, a supplemental statement of the case should be issued and he and his representative should be provided with the applicable time period in which to respond. The case should then be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. 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 deter- mination. 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) (1994).