BVA9504572 DOCKET NO. 93-14 020 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUES 1. Entitlement to service connection for a herniated disc, C5- C6. 2. Entitlement to an increased rating for cervical strain, currently rated 10 percent disabling. 3. Entitlement to an increased (compensable) rating for a right shoulder disability. REPRESENTATION Appellant represented by: AMVETS WITNESSES AT HEARING ON APPEAL The appellant and her spouse ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from December 1976 to February 1979. This matter comes before the Board of Veterans' Appeals (Board) from June 1991 and July 1992 decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. The record reflects that the veteran's claim for service connection of a herniated disc C5-C6 has been made on direct and secondary bases. The Board observes, however, that the claim has been adjudicated without benefit of an acceptable medical opinion regarding the etiology of the herniated C5-C6 disc. In fact, in February 1993, the Adjudication Officer requested that a VA physician provide a rationale for unfavorable opinions on direct service connection rendered in November 1992 and January 1993. There is no response of record. The Board must also point out that a June 1992 VA medical opinion on secondary service connection is similarly deficient. Regarding the rating of the veteran's cervical spine disability, the Board observes that the March 1993 VA orthopedic examination did not include a report of limitation of motion sufficient to allow for an informed decision. At the hearing, the veteran and her spouse testified regarding the extent of her cervical spine and right shoulder disabilities. In view of the foregoing, and to ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, it is the opinion of the Board that additional development, as set forth below, is desirable. Accordingly, the case is REMANDED to the RO for the following development 1. The veteran should be requested to identify all sources of recent treatment for his service-connected cervical spine and right shoulder disabilities. At the same time, she should be asked to provide information regarding medical treatment that she has received for a herniated disc of the cervical spine at any time. With any necessary authorization from the veteran, the RO should attempt to obtain legible copies of all indicated records which have not been previously secured. 2. Thereafter, the veteran should be afforded a VA examination by a specialists in orthopedics and neurology, if available, to determine the current extent of the residuals of the cervical spine strain and right shoulder disability. The claims folder must be made available to the examiners in connection with the examinations. With regard to the above, all pertinent complaints should be recorded and evaluated. Complaints of pain either to touch or on use should be carefully noted and any other impairment of function of the cervical spine or right shoulder should be described in detail. All indicated studies should be performed. The examiners should also render an opinion as to the effect, if any, that residuals of the cervical strain or right shoulder disability have on the veteran's ability to work. 3. Regarding a C5-C6 herniation, the VA examiners, after review of the claims folder, are requested to provide an opinion regarding the etiology therefor and the degree of probability, if any, that the C5- C6 herniation is causally related to the service-connected cervical strain. The examiners should also provide an opinion regarding the etiologic significance of the cervical spine complaints reported by the veteran during service. The rationale for all conclusions and opinions expressed should be reported. 4. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim for an increased rating for a cervical strain and a right shoulder disability and service connection for a herniated disc, C5-C6. The rating for the cervical spine disability and right shoulder disability should reflect consideration of the provisions of 38 C.F.R. §§ 4.40, 4.45, 4.59, and 3.321(b)(1). A supplemental statement of the case should then be prepared and furnished to the veteran and her representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until she is otherwise notified by the RO. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, (1994) and 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).