BVA9502977 DOCKET NO. 93-05 118 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Washington, DC THE ISSUES 1. Entitlement to service connection for a right hip disorder. 2. Entitlement to service connection for a back disorder. 3. Entitlement to service connection for a right foot disorder. 4. Entitlement to service connection for a left foot disorder. 5. Entitlement to an increased evaluation for residuals of a fracture of the right ankle with degenerative changes, currently rated as 20 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from December 1942 to September 1944. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of August 1987 and June 1990 by the Department of Veterans Affairs (VA) Washington, DC, Regional Office (RO). During the veteran's January 1994 personal hearing, the veteran's representative stated that the RO improperly combined the evaluations assigned to the veteran's service-connected disabilities in an April 1988 rating decision. This issue has not been developed or certified for appellate consideration and is therefore referred to the RO for appropriate action. REMAND The veteran contends that the disorders for which he is seeking service connection were incurred during service or are the result of disorders for which service connection has already been established. The evidence of record, however, indicates that the RO has not considered service connection on a secondary basis in the development of the veteran's claims. The Board further notes that in March 1994, evidence was submitted to the Board that had not been previously considered by the RO. 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: 1. The veteran should be afforded a special orthopedic examination in order to determine the nature and severity of the residuals of the fracture of his right ankle as well as the nature, extent, and etiology of any right hip, back, and bilateral foot disorders. The examiner should express an opinion as to the degree of probability, if any, that any current right hip, back, and bilateral foot disorders are related to the injuries the veteran sustained in the airplane accident in which he was involved during service or to the service-connected residuals of his bilateral ankle fractures. The claims file or copies of all relevant records therein must be made available to the examiner prior to and during the examination for a complete study of the case. 2. After the development in the above paragraph has been completed, the case should again be reviewed by the RO on the basis of all of the evidence that has been associated with the veteran's claims file since the December 1991 supplemental statement of the case was issued. If the determinations remain 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 that addresses the laws and regulations pertaining to secondary service connection, and provision of the applicable time period for response thereto. 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. 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).