BVA9504250 DOCKET NO. 91-18 385 ) DATE ) ) On appeal from a decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to an increased evaluation for low back disability, currently evaluated as 20 percent disabling. 2. Entitlement to service connection for psychiatric disability, to include post-traumatic stress disorder. 3. Entitlement to service connection for residuals of a right leg injury. REPRESENTATION Appellant represented by: Georgia Department of Veterans Service WITNESS AT HEARINGS ON APPEAL Appellant ATTORNEY FOR THE BOARD Sheila A. Lawson, Associate Counsel REMAND The veteran had active service from February 1965 to February 1968, and from May 1969 to February 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. In June 1991, the Board remanded the veteran's case for further development of evidence pertaining to his claim of entitlement to service connection for post-traumatic stress disorder (PTSD). All requested development was completed, and the veteran's case was returned to the Board in January 1995. While the case was in remand status, the issue of entitlement to an increased rating for low back disability was developed for appellate consideration; however, the record reflects that the veteran has not been provided a VA examination pertaining to his service-connected lumbosacral strain with left leg pain since 1991. Moreover, it appears from the veteran's March 1994 testimony that he is seeking service connection for disc disease of the lumbosacral spine and from other statements that he is seeking a total rating based upon unemployability due to service- connected disabilities. These additional matters have not been addressed by the RO. In light of these circumstances, the Board is of the opinion that further RO actions are warranted. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should request that the veteran identify specific names, addresses, and approximate dates of treatment for all health care providers from whom he has received treatment, since discharge, for residuals of a right leg injury, any psychiatric problems, or any low back problems, or from whom he has received recent treatment for his service-connected skin disability. With any necessary authorization from the veteran, the RO should attempt to obtain copies of all pertinent treatment records identified by the veteran that have not been secured previously. 2. The veteran should be provided and requested to complete and return a formal application for a total rating based upon unemployability due to service-connected disabilities. 3. A copy of the records upon which the Social Security Administration based its September 1990 award of disability benefits to the veteran should be obtained. 4. Then, the RO should arrange for a VA orthopedic examination of the veteran by a board certified specialist, if available, to determine the nature and extent of all low back, right leg and left leg disorders present. To the extent possible, the examiner should distinguish the manifestations of the veteran's lumbosacral strain from those of any other low back disorders present. In addition, the examiner should review the record and offer an opinion as to the etiology of each currently present low back disorder (other than low back strain), to include an opinion as to whether it is at least as likely as not that it is etiologically related to the back symptoms noted during service or to the service-connected lumbosacral strain with left leg pain. All indicated studies should be performed. The examiner should also comment on the impact of the veteran's lumbosacral strain with left leg pain on the veteran's ability to work. The rationale for all opinions expressed should be explained. The veteran's claims folder should be made available to the examiner prior to the examination. 5. The veteran should be provided a VA dermatology examination by a board certified specialist, if available, to determine the current extent of impairment from the service-connected tinea cruris, corporis and pedis. All indicated studies should be performed. The examiner should comment on the impact of the veteran's service-connected skin disability on his ability to work. The claims folder should be made available to the examiner for review prior to the examination. 6. Thereafter, the RO should undertake any other indicated development and adjudicate the issue of entitlement to service connection, including on a secondary basis, for additional low back disability, including arthritis and disc disease. It should then readjudicate the issues currently on appeal and, if appropriate, adjudicate the claim for a total rating based on unemployability due to service- connected disabilities. If the benefits sought on appeal are not granted to the veteran's satisfaction, or if a timely notice of disagreement is received with respect to any other matter, the RO should issue a Supplemental Statement of the Case, and the veteran and his representative should be provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. SHANE A. DURKIN 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).