BVA9502161 DOCKET NO. 93-13 174 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for bilateral pes planus. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Mark D. Chestnutt, Associate Counsel INTRODUCTION The veteran served on active duty from September 1988 to October 1990. This appeal stems from a September 1992 rating decision of the St. Petersburg, Florida, Department of Veterans Affairs (VA) Regional Office (RO) that denied service connection for bilateral pes planus. The veteran referred to a claim for service connection for a hernia in his February 1993 notice of disagreement. This issue has not been certified or developed for appeal, is not properly before the Board of Veterans' Appeals (Board) and is hereby referred to the RO for appropriate action. REMAND The veteran contends that his bilateral pes planus resulted from his duties in service, which included standing for many hours per day. He further notes that this condition did not appear until some twenty months after his enlistment. In the alternative, he contends that his pes planus, if found to be a preexisting condition, was aggravated by service. Initially, the Board finds that the veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107. The February 1988 report of medical history and entrance examination are negative for reference to pes planus. The first reference to a foot disorder was in May 1989 when the veteran was seen with complaints of foot pain and he indicated that his foot problems had begun in high school--the assessment was symptomatic pes planus. A letter from his commanding officer, dated in May 1990, noted that the veteran was required to stand for 10 to 14 hours per day and that there had been a dramatic deterioration in the veteran's performance as his medical problem persisted. In June 1990, he was recommended for light duty and was instructed not to stand for prolonged periods. A medical board report, also in June 1990, indicated that the veteran's pes planus was symptomatic with military training and recommended discharge from service. As the veteran's claim is well-grounded, an examination is necessary prior to a final determination. Accordingly, the case is remanded to the RO for the following action: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for pes planus both prior and subsequent to his period of military service. After securing the necessary release, the RO should obtain these records. 2. The veteran should be afforded a VA orthopedic or podiatry examination to determine the nature and extent of the veteran's pes planus. All clinical manifestations should be reported in detail. The claims folder should be made available to the examiner for review before the examination. After completion of the above develoopment, the case again should be considered by the RO. Should the prior denial be confirmed, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. WAYNE M. BRAEUER 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).