BVA9502830 DOCKET NO. 93-09 392 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to a rating in excess of 10 percent for residuals of shell fragment wound to the right (major) arm. 2. Entitlement to a rating in excess of 10 percent for tendonitis of the left (minor) shoulder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active military service from June 1967 to July 1970. In July 1967, he sustained a shell fragment wound to his right upper arm or shoulder area. The veteran's substantive appeal contains a claim for a total rating based on individual unemployability. This issue was not developed for appellate review and is not inextricably intertwined with the instant appeal. Therefore, it is referred to the regional office (RO) for action to include development and adjudication of this claim. The veteran contends that diminished strength is as important as limited range of motion and that his bilateral upper extremity strength is so diminished that the currently assigned rating are inadequate. A longitudinal review of the veteran's claims file reveals indications that inquiry should be directed to whether the veteran has a muscle group injury in his right upper arm secondary to his shell fragment wound. These indications have included right arm with radiculitis of the right musculocutaneous nerve, disparity in circumference of the right arm and left just below the elbow, decreased strength and grip in the right arm and hand, and giving way on strength testing of the deltoids. Numerous X-rays have showed retained foreign bodies in the right arm. Recent Department of Veterans Affairs (VA) outpatient treatment, however, has suggested a psychogenic overlay to some of the upper extremity complaints. The veteran gave a history of arthroscopy in 1990 at his most recent VA examination, the records of which have not been sought. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claims, the case is REMANDED to the RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for his bilateral upper extremity disorders since January 1990. This should include information pertinent to his left shoulder arthroscopy in 1990 and to any Social Security Administration disability pension award which may have been made. After securing any necessary release, the RO should attempt to obtain copies of these records. 2. Copies of complete VA treatment records at the Little Rock VA Medical Center and of treatment records since August 1991 at the Memphis VA Medical Center should be obtained and associated with the claims file. 3. The veteran's VA vocational rehabilitation and counseling folders should also be obtained and associated with the claims file. 4. The veteran should be afforded VA neurological and orthopedic examinations to determine the severity of his left shoulder tendonitis and his residuals of shell fragment wound to the right upper arm, to include a determination of whether such residuals include a muscle injury. If so, the muscle group involved should be identified, and relevant grip strength and arm strength testing should be performed. Range of motion studies should be recorded in degrees. All indicated diagnostic tests should be performed, including a right upper arm X-ray and electromyography if indicated. A complete history of the symptoms associated with the right upper extremity should be taken. The examiner should comment on the organicity of findings. The claims folder should be made available to the examiner for review before the examination. 5. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board of Veterans' Appeals (Board), if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. SAMUEL W. WARNER 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).