BVA9503151 DOCKET NO. 93-09 861 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to an increased (compensable) disability evaluation for residuals, fracture of the right tibia. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active service from February 1979 to June 1991. This matter comes before the Board of Veterans' Appeals (Board) from a March 1992 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. The record reflects that on the August 1991 VA examination, the X-ray of the right lower extremity was interpreted as showing a healed fracture of the tibia and fibula well above the ankle with an intramedullary rod affixed. The clinical examiner reported findings for the right knee, but did not report any for the right ankle. The examiner noted that the intramedullary rod was to be removed at the orthopedic clinic in August 1991. No diagnosis was entered on the examination report. Neither were the follow- up outpatient records obtained. The Board notes that the veteran is in receipt of a separate (compensable) evaluation for residuals of a right knee meniscectomy. The disability ratings for the right tibia fracture residuals under Diagnostic Code 5262 are based on knee or ankle impairment. In the substantive appeal, the veteran reported that he experienced swelling of the ankle and occasionally limped because of soreness. In view of the foregoing, it is the opinion of the Board that further development, as indicated below, is desirable in order to provide a record upon which an informed decision can be made. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should contact the veteran and obtain the names and addresses of all health care providers from which he has received treatment recently for any disability of the right tibia fracture. Thereafter, the RO should obtain legible copies of all records which have not already been obtained, to include any VA outpatient treatment records prior to or subsequent to the August 1991 compensation examination. 2. At the same time, the veteran should be asked to provide information regarding his employment and any time he has lost from work on account of the right tibia fracture residuals. 3. Thereafter, the veteran should be afforded a VA orthopedic examination to determine the current extent of the residuals of the right tibia fracture. All indicated studies should be performed. The examiner is requested to review the claims folder and identify those findings related to the right tibia fracture, specifically any residual impairment of the right knee or ankle. The examiner should also render an opinion as to the effect, if any, that residuals of the right tibia fracture have on the veteran's ability to work. 3. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim for an increased rating for residuals, fracture of the right tibia. The rating should reflect consideration of the provisions of 38 C.F.R. § 3.321(b)(1). A supplemental statement of the case should then be issued and the veteran and his representative provided the applicable period in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans Benefits Improvement Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. ___ (1994), and 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) (1994).