BVA9501317 DOCKET NO. 93-07 549 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Service connection for adhesive capsulitis of the right shoulder, claimed as secondary to service-connected diabetes mellitus. 2. A total disability rating for compensation based on individual unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Barry F. Bohan, Counsel REMAND The appellant served on active duty in the United States Air Force from October 1970 to October 1974. This appeal arose from a June 1992 rating decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois (VARO) which denied the appellant service connection for a adhesive capsulitis of the right shoulder and also denied a total disability rating based on individual unemployability. The appellant's only compensable service-connected disability is diabetes mellitus; a 60% disability rating is assigned. He is also service connected for essential hypertension, secondary to diabetes mellitus. The appellant has contended, in substance, that he cannot work due to his service-connected diabetes mellitus and complications arising therefrom. In essence, he has stated that he last worked as an account clerk in 1987; that he lost his job due to complications arising from diabetes mellitus; and that he has since applied for hundreds of positions, but no employer will hire him because of his service-connected diabetes mellitus. Aside from the appellant's statements and certain medical records, there is little evidence currently of record concerning the effect of the appellant's disability of his unemployability. The Board believes that such evidence is crucial to the outcome of this case and that a remand is therefore necessary. Murincsak v. Derwinski, 2 Vet.App. 363, 370-372 (1992). In a number of recent communications to the Board, the appellant has referred to various problems which he is experiencing with respect to his left foot, including ulcers, infection, and a fracture, which evidently resulted in surgery in June 1993. He appears to contend that these are secondary to his service- connected diabetes mellitus. In an April 1993 letter, he stated that his left foot symptomatology "contributed strongly to my unemployability." It is believed that while this case is in remand status, the appellant should be afforded the opportunity to clarify whether he wishes to pursue service connection for a disability of the left foot. The appellant may also submit new medical evidence and other evidence in support of his claim, if he so desires. 20 C.F.R. § 1304 (1993). The Board believes that further development is necessary in this case. The case is therefore REMANDED to VARO for the following actions: 1. The appellant should be contacted by VARO through his representative and should be asked to clarify the issues which he wishes to pursue on appeal. VARO should then appropriately develop for appeal any new issues so identified. 2. The appellant should be contacted by VARO through his representative and be asked to give particulars, in writing, concerning the loss of his last job in 1987, as well as his efforts to obtain employment since that time. The appellant should furnish, insofar as is possible, the name of his former supervisor and names and dates of his contacts with potential employers, as well as copies of rejection letters. 3. VARO should obtain recent medical treatment records of the appellant from the Hines, Illinois VAMC. Such medical records should be associated with the appellant's claims folder. 4. A VA Field Investigation should then be conducted with particular reference to the veteran's occupational adjustment during and after 1987. The appellant's former employer should be contacted, and the particulars of the appellant's work history, including the reason for his termination from his position, should be obtained from that source. Potential employers identified by the appellant should also be contacted, and the reasons for their rejections of the appellant's employment applications should be ascertained. Contact should also be made with disinterested persons, representative business persons, former co-workers, trades people and others who may have direct knowledge of the veteran's industrial adjustment in the community in which he resides. The report of the Field Investigation should be associated with the appellant's claims folder. After the above development has been completed, VARO should readjudicate the appellant's claim. If the claim remains denied, the case should be returned to the Board after compliance with all requisite appellate procedure. The purpose of this REMAND is to procure clarifying data and to satisfy due process requirements. The Board intimates no opinion as to the ultimate conclusion warranted, pending completion of the requested development. No action is necessary on the appellant's part until he receives further notice. Action on the other issue presented on this appeal, service connection for a disability of the right shoulder, claimed as secondary to service-connected diabetes mellitus, is deferred so that this appeal will not be decided in a piecemeal fashion. Harris v. Derwinski, 1 Vet.App. 180, 193 (1991). C.P. RUSSELL 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).