BVA9503346 DOCKET NO. 93-10 226 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a sinus disorder. 2. Entitlement to service connection for a right leg disorder, to include arthritis. 3. Entitlement to service connection for arthritis of the left shoulder. 4. Entitlement to service connection for weakened strength in the left arm. 5. Entitlement to service connection for a back disorder. 6. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from February 1949 to January 1950 and from September 1950 to June 1952. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of May and July 1992 by the Department of Veterans Affairs (VA) Nashville, Tennessee, Regional Office (RO). REMAND The veteran has submitted well-grounded claims within the meaning of 38 U.S.C.A. § 5107(a). See Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). That is, the Board finds that he has submitted claims which are plausible. The VA therefore has a duty to assist the veteran in developing facts pertinent to his claims. See Littke v. Derwinski, 1 Vet.App. 90, 91-92 (1990). The veteran maintains that the disabilities for which he is seeking service connection are proximately due to or the result of his current service-connected disabilities from residuals of gunshot wounds of the face, Muscle Group XVII and Muscle Group III. The report of a January 1993 examination by John R. Blake, Jr., M.D., reveals that the veteran had a chronic orthopedic deformity of the right lower extremity that was probably due to a peroneal injury with chronic foot drop, secondary to a gunshot wound sustained in the 1950's; chronic left arm weakness due to an injury of the shoulder in the 1950's; and degenerative disc disease by history. In addition, a March 1991 letter from Mary Pat Collins, M.D., indicates that the veteran had conjunctivitis of the right eye socket and the veterans has testified that VA physicians have suggested that he has a sinus condition related to his service connected facial wounds. The Board notes that the veteran has not been provided with a recent VA examination, even though the duty to assist requires the conduction of a thorough and contemporaneous medical examination. See Green v. Derwinski, 1 Vet.App. 121, 124 (1991). Further, the Board notes that the veteran's treatment records from the Knoxville, Tennessee, VA outpatient treatment clinic, which could contain information that is relevant to the issues on appeal, have not been associated with the claims file. 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 RO should contact the Knoxville, Tennessee, VA outpatient treatment clinic and obtain all medical records pertaining to the veteran. All records obtained should be associated with the veteran's claims file. 2. After the above development has been completed, the veteran should be afforded a VA examination(s) to determine the etiology, nature, and severity of the claimed sinus, right leg (including arthritis), left shoulder (arthritis), left arm and back disorders for which he is seeking service connection secondary to his service-connected disabilities. Any special examinations indicated should be conducted. The examiner(s) should be asked to render an opinion as to the degree of probability, if any, that any claimed disorder found to be present is secondary to the veteran's service-connected residuals of gunshot wounds. The claims file must be made available to the examiner(s) prior to and during the examination for a complete study of the case. 3. After completion of the above actions, the RO should again review the claims to include the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. If any of 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 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. CHARLES E. HOGEBOOM 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) (1994).