BVA9502520 DOCKET NO. 93-09 970 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Fort Harrison, Montana THE ISSUES 1. Entitlement to service connection for the residuals of plantar warts. 2. Whether new and material evidence has been submitted sufficient to reopen a claim of service connection for the postoperative residuals of pes cavus and hammertoes. 3. Entitlement to service connection for myopia. 4. Entitlement to service connection for the residuals of an eye injury. 5. Entitlement to service connection for a deviated nasal septum. 6. Entitlement to service connection for the residuals of otitis externa. 7. Entitlement to an increased (compensable) evaluation for the residuals of a fracture of the right fifth metacarpal. REPRESENTATION Appellant represented by: Montana Veterans Affairs Division WITNESSES AT HEARING ON APPEAL The appellant and his wife ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from November 1955 to June 1965. The Board of Veterans' Appeals (Board) received this case on appeal from a September 1991 RO rating decision. The RO in San Francisco, California, earlier in June 1981 had denied the veteran's claim of service connection for the postoperative residuals of pes cavus and hammertoes. He was notified of this action, but did not perfect an appeal. REMAND The veteran contends that, in service, he had plantar warts, blistered feet, sunburn of the eyes, an injury to his nose and external otitis which have caused current disability. He also believes that a compensable evaluation should be assigned his right fifth metacarpal because he has pain and cramping in his hand. A careful review of the service medical records shows that the veteran was seen on multiple occasions in service for complaints regarding his feet, with plantar warts and calluses over the distal metatarsal heads shown in May 1962. He was seen with complaints regarding his ears in January 1963 and bilateral external otitis in May 1964. In December 1964, he complained of problems which were considered secondary to a deviated nasal septum. The veteran was seen for "Sun burn both orbs" in May 1965. The postservice medical records show that he had foot surgery in 1978, 1979 and 1980 and cataract surgery on the right eye in 1990. In light of the manifestations exhibited in service and thereafter, the Board feels that further development is indicated. Accordingly, this case is REMANDED for the following: 1. The RO should take appropriate steps to contact the veteran in order to obtain information concerning all treatment he has received for his claimed disorders since service. The RO should attempt to obtain copies of all indicated records which are not already on file. 2. After the above action has been completed, the veteran should be scheduled for an examination by a podiatrist to determine the nature and likely etiology of all foot disabilities. All indicated studies should be completed. The examiner should review the claims file, including the service medical records, in order to render an opinion as to the medical probability that the currently demonstrated foot disabilities, including any pes cavus deformity, hammertoes or related arthritis, are the result of disease or injury shown in service. If the veteran has plantar warts or residuals thereof, the examiner should offer an opinion as to whether they are related to the ones in service. 3. After the above has been completed, the veteran should be examined by an ophthalmologist to determine the nature and likely etiology of any eye disability. All indicated studies should be undertaken. The examiner, based on a review of the entire record, should offer an opinion as to the medical probability that the current eye disability, including any cataracts, is related to disease or injury in service. 4. After the above development has been accomplished, the veteran also should be scheduled for an examination by an ear, nose and throat specialist to determine the nature and likely etiology of any ear or hearing disability and whether he has a deviated nasal septum. Complete audiometric studies should be performed in this regard, and the examiner should review the entire record in connection with her/his evaluation. Based on her/his review, the examiner should offer an opinion as to the medical probability that any current ear or hearing disability is the result of disease or injury in service. 5. The veteran should be scheduled for an examination in order to determine the extent of impairment attributable to the residuals of a fracture of the right fifth metacarpal. The examiner should review the claims file and undertake all indicated studies. The range of motion should be specified. The examiner should offer an assessment as to the degree of pain and actual functional limitation experienced by the veteran due to the service-connected disorder. 6. The RO should take adjudicatory action based on the evidence obtained pursuant to the development sought above. If the benefit sought by the veteran is not granted, a supplemental statement of the case should be prepared. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case, the claims folder should be returned to this Board for further appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of the remand is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. STEPHEN L. WILKINS 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).