BVA9500316 DOCKET NO. 93-00 715 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for thrombophlebitis. 2. Entitlement to an increased evaluation for frozen feet or trench foot, currently rated as 10 percent disabling. 3. Entitlement to an increased (compensable) evaluation for bilateral defective hearing. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARINGS ON APPEAL Appellant and his son ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty during World War II. This case was remanded by letter by the Board of Veterans' Appeals(Board) in March 1993 to the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina, for additional development. The veteran indicated both at his personal hearing before the Board in April 1994 and in an August 1994 letter that he believes that he should be service-connected for trench foot, rather than for frozen feet. The Board notes that his service-connected foot disorder is described as both trench foot and frozen feet, which means that he can receive compensation for residuals of either or both conditions. REMAND The veteran complained in his April 1994 Board hearing that a VA audiometric examination in March 1991 was inadequate because he had difficulty with the examiner. The Board notes that there is no subsequent VA audiometric examination report on file and that private audiometric results in May 1992 are dissimilar in some respects with the March 1991 VA results. Additionally, the veteran has noted, including in an August 1994 letter, that medical records for the 1970s and 1980s that used to be in his file were lost when the VA relocated to new offices in Greenville, South Carolina. Because further development is necessary prior to final disposition of this case, the case is REMANDED to the RO for the following actions: 1. The veteran should be permitted to submit any additional evidence that is pertinent to any of the issues on appeal. He should also be asked to provide the names, addresses and approximate dates of treatment of all health care providers, including those from the 1970s and 1980s whose records were formerly on file, who have treated him for thrombophlebitis since service and for hearing loss and/or trench foot-frozen feet in recent years. He should be asked to fill out any necessary consent forms for the release of his private medical records. The RO should then obtain copies of all indicated records which are not already on file and associate them with the claims folder. 2. The veteran should be afforded special audiometric and vascular examinations, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the current severity of his defective hearing, trench foot or frozen feet disorder, and thrombophlebitis. All necessary tests and studies should be conducted, and all findings should be reported in detail. The vascular specialist should give an opinion as to whether it is as least as likely as not that the veteran's thrombophlebitis is related to his service-connected trench foot or frozen feet. The rationale for all opinions expressed should be fully explained. The claims folder must be made available to each examiner for review before examination of the veteran. 3. Thereafter, the issues on appeal should be readjudicated by the RO. After the above actions have been completed, if any of the issues remain denied, a supplemental statement of the case should be issued to the veteran and his representative and an opportunity should then be afforded the veteran and his representative for a response. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until otherwise notified. ROBERT E. SULLIVAN 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).