BVA9504667 DOCKET NO. 93-06 525 DATE JAN 18 1995 On appeal from the decision of the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUE Entitlement to service connection for dysplasia of the left hip. REPRESENTATION Appellant represented by: Wisconsin Department of Veterans Affairs ATTORNEY FOR THE BOARD Jeanne Schlegel, Associate Counsel INTRODUCTION The appellant served on active duty from December 1987 to June 1991. This matter comes before the Board of Veterans' Appeals (the Board) from a rating determination by the Department of Veterans Affairs (VA) Regional Office (RO). In its November 1991 determination, the RO denied service connection for dysplasia of the left hip. REMAND Initially the Board has found that the appellant's claim for entitlement to service connection for dysplasia of the left hip is well-grounded in that her claim is capable of substantiation in accordance with 38 U.S.C.A. 5107 (West 1991). Once it has been determined that a claim is well-grounded, the VA has a statutory duty to assist the appellant in the development of evidence pertinent to that claim. 38 U.S.C.A. 5107. In January 1991 the appellant was seen by a USAF Medical Evaluation Board for complaints of right hip and thigh pain. The Medical Evaluation Board diagnosed the appellant with bilateral hip dysplasia which it found had existed prior to service but had been present for years without any symptoms. The Medical Evaluation Board also concluded that the condition was "aggravated," although the Board also indicated that the condition was "minimally" symptomatic and would not prevent the appellant from continuing her career with a permanent waiver from aerobics. A March 1991 report of the USAF Physical Evaluation Board likewise reflected the conclusion that the condition had existed prior to service, but was aggravated. It was noted that although the condition was bilateral, the symptoms "primarily" involved the right hip. The Physical Evaluation recommended that the appellant be separated from service. A VA examination was performed in September 1991. The radiologist interpreted x-rays of the hips as showing "very mild dysplasia." The orthopedist entered an assessment of "[history of bilateral] acetabular dysplasia [with bilateral] ache" and right snapping hip. The orthopedist further indicated that an MRI was indicated to determine whether there was a labial or ligament injury. Under the governing law and regulations, assuming that a condition preexisted service, the critical issue for determination is whether the claim underwent an increase in severity during service, in which case aggravation of the injury is presumed, absent clear and unmistakable evidence to the contrary. Aggravation may not be conceded where the disability underwent no increase in severity during service on the basis of all the evidence of record pertaining to the manifestations of the disability prior to, during, and subsequent to service. 38 U.S.C.A. 1110, 1131 (West 1991); 38 C.F.R. 3.306(b) (1993). The RO's rating determination of November 1991 granted service connection for dysplasia of the right hip on the basis of aggravations, but denied service connection for dysplasia of the left hip. The Board has noted that additional evidence may exist which could be relevant to this claim. The cover sheet of the rating decision shows that the date for a future examination was set for September 1993. As reflected in the Report of Contact dated November 1994, the Board has inquired as to whether an examination after January 1991 was ever conducted. The RO indicated that an examination was conducted in June 1992, but not in September 1993. It was also noted that the RO in Milwaukee does not have a record of this examination in its office at this time. No information pertaining to this examination is in the claims file. Given that evidence pertaining to manifestations of a disability subsequent to service is material to the issue of aggravation, the Board is of the opinion that this additional evidence, if it exists, could be helpful in the adjudication of this claim. In accordance with the statutory duty to assist the appellant in the development of evidence pertinent to her claim, the case in REMANDED for the following action: The RO is asked to obtain the VA examination conducted in June 1992. The RO is also requested to search for any other VA medical reports subsequent to September 1991, and if such exists, to obtain it for the record. Thereafter, the RO is requested to reevaluate the claim to include consideration of the new evidence. If the benefits sought are not granted, a supplemental statement of the case should be issued to the appellant and her representative and they should be provided an opportunity to respond. Subsequently, the claims folder should be returned to the Board for further review, if necessary. By this action, the Board intimates no opinion legal or factual, as to the ultimate disposition warranted as to this specific issue. RICHARD B. FRANK 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). 5107.