BVA9501602 DOCKET NO. 93-06 872 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Togus, Maine THE ISSUE Entitlement to service connection for trochanteric bursitis of the right hip. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Bernard T. DoMinh, Associate Counsel INTRODUCTION The appellant is a former member of the Army National Guard. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Togus, Maine, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied a claim for service connection for trochanteric bursitis of the right hip. REMAND National Guard records now on file were apparently submitted by the appellant himself; the RO has not directly contacted the service department to verify service or obtain complete medical records. A DD Form 214 shows the appellant had a period of active duty for training (six months of basic training) with the Army National Guard/Reserve from June to December 1957. He reportedly had later periods of active duty for training and inactive duty training. Documents submitted by the appellant show he had a period of annual active duty for training (summer camp) with the Maine National Guard in August 1985, and he asserts he has a right hip disability from that period of service. National Guard medical records dated in August 1985 show that the appellant was diagnosed with trochanteric bursitis affecting his right hip during a two-week long period of active duty for training. The treatment records indicate no known injury and a history of symptoms beginning two weeks earlier (apparently prior to the two-week summer camp). When the former serviceman filed his claim in March 1992, he reported that he had received no treatment since the August 1985 episode. During an October 1992 RO hearing, the appellant testified that he had no history of hip problems prior to the period of active duty for training in August 1985. He reported that he served 20 years in the National Guard, until retiring in 1987, and that private medical records existed that would show that he was currently receiving treatment for right hip problems from a physical therapist recommended to him by a physician he identified as Dr. Meyers. The National Guard medical records from his 20 years of service, as well as the private physical therapy records and the medical treatment records from Dr. Meyers, are not included in his claims folder. The VA has a duty to assist a claimant in developing facts pertinent to claims which are well-grounded, meaning not inherently implausible. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1993). This duty, in the present case, includes obtaining all relevant private and governmental records and providing a medical examination. Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). In view of the foregoing, the case is REMANDED for the following development: 1. The RO should directly contact the service department and obtain verification of all of the appellant's periods of Army National Guard and Reserve service, and the nature of each period of service (active duty, active duty for training, and inactive duty training). The RO should also obtain complete service department medical records from the appellant's reported 20 years of service in the National Guard. This includes, but is not limited to, periodic general medical examinations and treatment records from periods of training. 2. The RO should ask the appellant to provide the names and addresses of all medical care providers who have ever treated or examined him for a right hip disorder, and the dates of that care. After securing the necessary release forms, the RO should itself directly contact the medical providers and obtain complete copies of the medical records, following the provision of 38 C.F.R. § 3.159 (1993). 3. The appellant should undergo a VA orthopedic examination to determine the existence and etiology of any right hip disorder, including trochanteric bursitis. Both hips should be examined for purposes of comparison. A detailed history should be elicited, and all indicated tests should be performed. The claims folder must be made available to and reviewed by the examiner. Thereafter, the RO should review the claim. If the claim is denied, the appellant and his representative should be issued a supplemental statement of the case and given an opportunity to respond. Then the case should be returned to the Board. L. W. TOBIN 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).