BVA9506263 DOCKET NO. 91-12 900 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased disability evaluation for residuals of a right total hip arthroplasty, currently evaluated as 50 percent disabling. 2. Entitlement to an increased disability evaluation for degenerative arthritis of the cervical spine with nerve root irritation, currently evaluated as 20 percent disabling. 3. Entitlement to an increased disability evaluation for degenerative arthritis of the right knee, currently evaluated as 20 percent disabling. 4. Entitlement to an increased disability evaluation for degenerative arthritis of the left knee, currently evaluated as 20 percent disabling. 5. Entitlement to a total rating for compensation purposes based on individual unemployability. 6. Entitlement to special monthly compensation benefits based on a need for regular aid and attendance or at the housebound rate. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel REMAND The veteran had active military service from December 1942 to January 1946. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from an October 1988 rating decision of the Montgomery, Alabama Regional Office (hereinafter "the RO") which recharacterized the veteran's service-connected right hip disorder as residuals of a right total hip arthroplasty evaluated as 100 percent disabling effective between June 26, 1988 and August 31, 1989 and as 30 percent disabling on and after September 1, 1989. In May 1991, the Board remanded this appeal to the RO for additional action. In December 1991, the Board again remanded this appeal to the RO for additional action. In June 1992, the RO increased the disability evaluation for the veteran's service-connected right hip disorder from 30 to 50 percent; increased the disability evaluations for the veteran's service-connected degenerative arthritis of the right knee and the left knee from 10 to 20 percent; and denied both a total rating for compensation purposes based on individual unemployability and special month compensation based on the need for regular aid and attendance or at the housebound rate. In April 1994, the Board remanded this appeal to the RO for additional development of the record. The veteran has been represented throughout this appeal by the Disabled American Veterans. In reviewing the claims file, the Board observes that the accredited representative advances in his October 1994 written statement that increased disability evaluations are currently warranted for the veteran's service-connected degenerative arthritis of the left shoulder and the left hip. These issues have neither been developed nor certified for review on appeal. As the veteran's entitlement to both a total rating for compensation purposes based on individual unemployability and special monthly compensation benefits at the housebound rate is dependent upon an accurate assessment of his service-connected disabilities, the Board concludes that a failure to concurrently resolve both the certified issues and the veteran's entitlement to increased disability evaluations for his service-connected left shoulder disorder and left hip disorder would be contrary to the United States Court of Veterans Appeals' (hereinafter "the Court") holding in Harris v. Derwinski, 1 Vet.App. 180, 183 (1991) directing against the piecemeal review of veteran's claims. While regretting the delay associated with remanding the instant appeal to allow for consideration of the additional issues raised by the accredited representative, such action is necessary to meet the Court's evolving guidelines. Accordingly, this case is REMANDED for the following action: The RO should formally evaluate the veteran's entitlement to increased disability evaluations for his service-connected degenerative arthritis of the left shoulder and the left hip. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record and due process of law. No inference should be drawn from it regarding the final disposition of the veteran's claim. JEFF MARTIN 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 is appealable to the Court. 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).