BVA9505920 DOCKET NO. 91-51 033 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUES 1. Entitlement to service connection for arthritis of the wrists as secondary to the service-connected low back disorder. 2. Entitlement to an increased rating for lumbosacral strain with arthritis, currently evaluated 20 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Siobhan Brogdon, Counsel INTRODUCTION The veteran served on active duty from December 1942 until December 1943. Service connection for osteoarthritis of the lumbar spine as secondary to the service-connected chronic lumbosacral strain was granted by Board determination of March 1994. The case was then remanded to the agency of original jurisdiction for the assignment of a disability evaluation to reflect current impairment of the low back disorder in light of the expanded grant. By rating action dated in May 1994, the 10 percent evaluation in effect for chronic lumbosacral strain with traumatic osteoarthritis was increased from 10 to 20 percent disabling based on the evidence already of record. An appeal for a higher rating in this regard has ensued. REMAND A review of the record discloses that veteran was being treated on a Department of Veterans Affairs (VA) outpatient basis for complaints not pertinent to this appeal in 1990. It is not indicated in the record that he has similarly sought medical attention for his back, but no outpatient clinical data have been received since 1990 which might show otherwise. As well, the veteran's wife wrote a letter dated in June 1994 to her congressman stating that the appellant was currently being treated in the Spokane [Washington] VA hospital for an unspecified condition. The representative notes that such records have not been requested or secured and requests the case be remanded in this regard. Additionally, the record reflects that the veteran has not had a VA examination for compensation and pension purposes since June 1991, and no current clinical indication of the extent of any low back disability is of record. The accredited representative also noted in the informal hearing presentation that in the letter to the congressional representative, the veteran's wife also referred to a hearing that would take place before July 1994, and added that it was unclear in the record as to the nature of that reference. VA has a duty to assist the veteran in the development of facts pertinent to his claim. This duty includes securing medical records to which reference has been made and obtaining an adequate VA medical examination. For the application of [the rating] schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. 38 C.F.R. § 4.1 (1994). Under the circumstances of this case, the Board is of the opinion that further development would be helpful prior to final disposition of the issues on appeal. The case is therefore REMANDED to the originating agency for the following actions: 1. Any and all of the veteran's VA outpatient and inpatient records dating from 1991 should be requested and associated with the claims folder. 2. The veteran should be scheduled for a special VA orthopedic examination to determine the extent of all disability associated with his service-connected low back disorder. All indicated tests and studies, including X-rays, should be accomplished and clinical manifestations should be reported in detail. The examination should be conducted in strict accordance to the Physician's Guide for Disability Evaluations. The claims folder may be made available to the examiner for use in the study of this case. The examination report should be typed. 3. The RO should ascertain whether or not the veteran had another personal hearing relating to his VA claim during or before July 1994. Following completion of the requested development, the originating agency should again consider the claim. If action remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and be given the opportunity to respond. The case should then be returned to the Board for further appellate consideration. No action on the part of the veteran is required until he receives further notice. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of the issues on appeal. The issue of service connection for arthritis of the wrists as secondary to the service-connected low back disorder will be deferred pending completion of the above. ALBERT D.TUTERA 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).