BVA9504540 DOCKET NO. 89-44 472 ) 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 a low back disorder. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel REMAND The veteran had active military service from December 1943 to February 1946. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a February 1989 rating decision of the St. Petersburg, Florida Regional Office (hereinafter "the RO") which denied, in pertinent part, increased disability evaluations for the veteran's service-connected residuals of a mid-third amputation of the right leg and gunshot wound residuals of the right thigh and the right knee. In July 1989, the RO determined that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for a low back disorder secondary to his service-connected below the knee amputation of the right leg. In July 1990, the Board denied service connection for a low back disorder secondary to the veteran's service-connected below the knee amputation of the right leg. In February 1993, the United States Court of Veterans Appeals (hereinafter "the Court") vacated the Board's July 1990 decision and remanded the veteran's appeal to the Board for readjudication as set forth in the Appellee's Motion for Remand. The Motion for Remand was directed solely to the issue of whether new and material evidence had been submitted to reopen the veteran's claim of entitlement to service connection for a low back disorder secondary to his service-connected below the knee right leg amputation. In September 1993, the Board remanded the veteran's claim to the RO for additional action. In November 1993, the RO determined that new and material evidence had been submitted to reopen the veteran's claim for service connection and denied service connection for a low back disorder secondary to the veteran's service-connected below the knee right leg amputation. In August 1994, the Board requested an independent medical expert's opinion as to the etiology of the veteran's low back disorder. In October 1994, the requested opinion was incorporated into the record. The veteran has been represented throughout this appeal by the Paralyzed Veterans of America, Inc. The veteran asserts in his September 1991 brief to the Court and written presentations to the Board that the RO erred in denying service connection for a low back disorder as he manifested "a generalized and systemic" arthritic disorder to a compensable degree within one year of service separation. He contends that he initially manifested a generalized arthritic disorder affecting the right knee in 1947; subsequently incurred arthritis in several other major joints; and ultimately developed osteoarthritis and degenerative disc disease of the lumbar spine. In reviewing the record, the Board observes that a January 1947 Department of Veterans Affairs (hereinafter "VA") X-ray study revealed that the veteran suffered from arthritis of the right knee. Subsequent VA and private clinical documentation conveys that the veteran has been shown to exhibit arthritis of a number of joints including the cervical spine, the lumbar spine, the shoulders, the hips, the left ankle and the left foot. The veteran's entitlement to service connection for a generalized arthritic disorder affecting multiple joints including the spine has not been formally evaluated and it is inextricably intertwined with the current issue on appeal which pertains to the low back. Given these facts, the Board concludes that additional action is necessary prior to final appellate resolution of the veteran's claim. Accordingly, this case is REMANDED for the following action: 1. The RO should schedule the veteran for a VA orthopedic examination in order to determine the current nature and severity of his arthritis. The examination should be conducted in accordance with the Physician's Guide to Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The examiner should express an opinion as to whether the veteran suffers from a generalized arthritic disorder and, if so, what joints are affected by the disability. The claims folder should be made available to the examiner prior to the examination. 2. The RO should then formally evaluated the veteran's entitlement to service connection for a generalized arthritic disorder affecting multiple joints including the spine. 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. E. W. SEERY 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).