BVA9505457 DOCKET NO. 91-48 696 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE 1. Entitlement to service connection for a skin disorder, to include a fungal infection. 2. Entitlement to an increased evaluation for residuals of fractures of the right tibia and fibula, currently evaluated at 30 percent. 3. Entitlement to an increased evaluation for lumbosacral and right sacroiliac strain, currently evaluated at 20 percent. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Raymond F. Ferner, Counsel INTRODUCTION This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from May 1990 and June 1993 rating decisions of the Department of Veterans Affairs (VA) Regional Office in Roanoke, Virginia (RO), which denied the benefits sought on appeal. The veteran, who had active service from January 1943 to December 1945, appealed those decisions to the BVA, and the case was initially received at the Board in November 1991. A November 1992 BVA decision remanded this case to the RO for additional development, and the case was returned to the Board in December 1994. REMAND The Board notes that at the time of the prior remand decision, the issue of an increased evaluation for the veteran's back disability was not on appeal. That issue has subsequently been included in the veteran's current appeal. However, the veteran has not been afforded a VA examination in connection with his claim for an increased evaluation for his back disability, and in view of the medical records which disclose treatment for the veteran's back disability, the Board believes that such an examination would be useful. Also, those records show treatment for the veteran's right leg disability subsequent to the VA examination, and as such, a further examination of the veteran's right leg disability would be beneficial. Lastly, there would no doubt be more recently dated medical records which have not been associated with the claims file, since the claims file was returned to the Board in December 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 desirable. The Board will defer consideration of the veteran's claim for service connection for a skin disorder pending the development requested by this decision. Accordingly, this case is REMANDED for the following actions: 1. The RO should obtain and associate with the claims file outpatient treatment records pertaining to the veteran dated between April 1993 and the present date from the VA Medical Center in Salem, Virginia. 2. The veteran should be afforded an orthopedic examination of his right leg and back disabilities to ascertain the severity and manifestations of each disability. Any and all indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished, but should include complete range of motion studies. The examiner is requested to report complaints and clinical findings in detail and clinically correlate the complaints and clinical findings. Since it is important "that each disability be viewed in relation to its history[,]" 38 C.F.R. § 4.1 (1994), copies of all pertinent medical records in the veteran's claims file or, in the alternative, the claims file, must be made available to the examiner for review prior to, and during, 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. If the benefits sought are not granted, the veteran and his representative should be furnished a supplemental statement of the case, and be afforded a reasonable 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. The veteran is free, of course, to submit any additional evidence he desires to have considered in connection with his current appeal. No action is required of the veteran until he is notified. WARREN W. RICE, JR. 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) (1993).