BVA9501411 DOCKET NO. 93-08 061 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boise, Idaho THE ISSUE Entitlement to an increased evaluation for amputation of the index and middle fingers of the left hand and trauma to the ring finger of the left hand, currently evaluated at 30 percent. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD N. D. Walker, Associate Counsel REMAND The veteran had active service from October 1958 to November 1962. Our initial review of the claims file has disclosed that the veteran's service-connected disability of the left hand includes only amputation of the index and middle fingers and trauma to the ring finger. The veteran's representative has, essentially, raised the issue of service connection for disability of the left little finger. Given the criteria for rating disability involving multiple fingers found in the Schedule for Rating Disabilities, the inferred issue of service connection for disability of the left little finger is inextricably intertwined with the issue currently before the Board of Veterans' Appeals (Board). Therefore, the issue must be adjudicated by the regional office (RO) before the Board can proceed with consideration of the current appeal. In addition, a statement from the veteran's employer, dated in April 1993, was sent directly to the Board after the claims folder had been forwarded to the Board by the RO. Initial consideration of this pertinent evidence by the RO was not waived. Therefore, a remand is required so that the RO can consider the additional evidence. 38 C.F.R. § 20.1304(c) (1993). Accordingly, the case is remanded to the RO for the following actions: 1. After the necessary information and authorization are obtained from the veteran, copies of all treatment records for the veteran's disability of the left hand, Department of Veterans Affairs (VA) or private, inpatient or outpatient, since April 1992, should be obtained by the RO and added to the claims file. This should include obtaining a copy of the report of the X-ray study of the veteran's left hand which was ordered by the April 1992 VA examiner. 2. After the foregoing has been completed to the extent possible, another examination of the veteran's left hand should be conducted, if warranted. The RO should then adjudicate the issue of service connection for disability of the veteran's left little finger and review the evaluation of the veteran's service- connected disability of the left hand, based on all of the evidence of record. If the decision on the issue of service connection for disability of the left little finger is favorable to the veteran, the RO review of the issue of an increased evaluation for the service-connected disability of the left hand should include consideration of all applicable provisions of 38 C.F.R. § 4.71a pertaining to multiple finger amputations, unfavorable ankylosis of multiple fingers, and favorable ankylosis of multiple fingers, with particular attention paid to Note (e) that is included with the diagnostic codes for multiple finger amputations and is found after Diagnostic Code 5151 and Notes (a) and (b) that are included with the diagnostic codes pertaining to favorable ankylosis of multiple fingers and are found after Diagnostic Code 5223. If, after RO review, the decision remains adverse to the veteran, a supplemental statement of the case, which includes all issues for which a notice of disagreement has been filed and which includes all pertinent law and regulations not previously provided to the veteran, should be issued and the veteran and his representative afforded an opportunity to respond. Thereafter, following the usual appellate processing, the case should be returned to the Board for further consideration. WILLIAM J. REDDY 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).