BVA9500548 DOCKET NO. 93-08 057 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES Entitlement to an increased rating for residuals of a right shoulder injury, currently evaluated 20 percent disabling. Entitlement to an increased (compensable) rating for residuals of a laceration of the left third, fourth and fifth fingers. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD William Harryman, Counsel INTRODUCTION The veteran had active service from July 1955 to December 1958. This case came before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama, in September 1992 which increased the rating assigned for the veteran’s right shoulder disability from 10 percent to 20 percent disabling. That rating decision continued the noncompensable evaluation for his left hand disability. A personal hearing was conducted at the RO in January 1993. REMAND The record indicates that the veteran was afforded a VA compensation examination in April 1992. The examiner reported that the veteran was unable to raise his right shoulder "above a perpendicular to the ground because of pain." The Board is unclear as to the meaning of the term "perpendicular" used in this context. Further, the examiner noted the presence of "surgical scars over the third, fourth and fifth digits" of the left hand. Although the examiner stated that there was full range of motion of the fingers and normal grip, no comment was made as to pain and tenderness of the scars or as to pain on motion of the joints of the fingers. In view of the veteran’s hearing testimony that he can raise his right arm only to parallel with his shoulder and that he had pain on any movement of the shoulder, with burning pain and tingling radiating into his hand, and considering his testimony that he has a problem gripping tools at work and has to wear a glove on his left hand all the time at work to avoid pain and sensitivity in the area of the finger scars upon touching anything, the Board believes that an additional VA compensation examination should be scheduled for the veteran. There is also evidence that the veteran is receiving outpatient treatment for his orthopedic disabilities, apparently by the VA. Any current records of such treatment should be obtained for the record. Therefore, this case is REMANDED for the following additional development: 1. The veteran should be contacted and asked to provide the names and addresses of all health care providers who have recently examined or treated his right shoulder or left hand disabilities. With any necessary releases, the RO should then request copies of all previously unobtained records of all providers identified by the veteran. Since it appears from the hearing transcript that the veteran has been receiving regular VA outpatient care at the Huntsville VA outpatient clinic, all current records of such treatment should be obtained. All records obtained should be associated with the claims file. 2. The veteran should then be scheduled for a special orthopedic examination by an examiner who has not previously examined or treated him. The claims file should be made available to the examiner for review prior to the examination. All indicated special tests, including X-rays, should be accomplished. The examiner should examine the veteran’s right shoulder and left hand scars with reference to VA’s Physician’s Guide for Disability Evaluation Examinations, Sections III, IV, V, and VI. The examiner should be requested specifically to measure range of motion in degrees in all axes of the right shoulder and fingers of the left hand. The examiner should specifically comment on any relevant complaints of pain and any limitation of motion due to such pain, and also on whether any such complaints are objectively verifiable and are supported by adequate pathology. 3. Following completion of the requested development, the RO should again consider the veteran’s claims, with particular attention to the provisions of 38 C.F.R. §§ 4.40, 4.45, 4.48, and 4.59. If action taken remains adverse to him, he and his accredited representative should be furnished a supplemental statement of the case, and should be given a reasonable period of time to reply. The case should then be returned to the Board for further appellate review, if otherwise in order. By this REMAND, the Board intimates no opinion, either legal or factual, as to any ultimate determinations to be made in this case. No action on the part of the veteran is required until he receives further notice. The purpose of this REMAND is to obtain additional, clarifying medical information. D. C. SPICKLER 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).