BVA9505559 DOCKET NO. 93-12 855 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased (compensable) disability rating for pseudofolliculitis barbae. 2. Entitlement to service connection for bilateral hearing loss. 3. Entitlement to service connection for hypertrophic degenerative joint disease of the knees and hips. ATTORNEY FOR THE BOARD Darryl A. Joe, Associate Counsel INTRODUCTION The veteran had active military service from August 1965 to May 1989. This matter came before the Board of Veterans' Appeals (the Board) on appeal from a rating action of March 1992 by the Manila, Philippines Regional Office (RO) of the Department of Veterans Affairs (VA), which, in relevant part, granted service connection for pseudofolliculitis barbae and assigned a noncompensable rating to that disorder, and denied the veteran's claims seeking service connection for bilateral sensorineural hearing loss and hypertrophic degenerative joint disease of the knees and hips. The veteran filed a notice of disagreement with that rating decision in June 1992. His substantive appeal was filed in July 1992. Thereafter, in September 1992, the veteran requested that his claims folder be transferred from the Manila RO to the Montgomery, Alabama RO. In a subsequent rating action in March 1993, following the transfer of the veteran's records, the RO confirmed and continued the prior rating action. The Board also acknowledges that in his notice of disagreement, the veteran raised a claim for service connection for hypertrophic degenerative disease of the ankles. This issue was not adjudicated by the RO and is not before the Board for appellate review. It is referred to the RO for appropriate consideration. The issue of service connection for bilateral sensorineural hearing loss will be deferred pending completion of the development below. REMAND In various statements filed with VA, the veteran has argued that a VA examination performed in January 1992 was inadequate for rating his pseudofolliculitis barbae, since he was wearing a beard at the time of the examination, and the lesions beneath the beard were not readily apparent to the examiner. A photograph taken on the occasion of the 1992 VA examination confirms that the veteran was wearing a beard at that time. In view of the veteran's contentions regarding the adequacy of the examination, as well as the significant period of time which has passed since he was last examined by the VA in January 1992, the Board concludes that he should be accorded another VA examination, in accordance with the VA's duty to assist the veteran in the development of facts pertinent to his claim. Regarding the issue of service connection for hypertrophic degenerative joint disease of the knees and hips, we observe that review of the veteran's service medical records shows that he was diagnosed as having rheumatoid arthritis, and he is now service connected for rheumatoid arthritis of the left elbow and hand. His discharge examination in May 1989 included findings of generalized arthritic changes of the elbows, knees, and fingers and a diagnosis of rheumatoid arthritis was made. The VA examination in January 1992 led to diagnoses of osteoarthritis of both hips and degenerative joint disease of both knees. However, the report of the 1992 VA examination provides no conclusive findings regarding the origin of the degenerative arthritis of the knees and hips. In view of the clinical data currently of record, it is important to clarify the exact nature of the veteran's knee and hip disabilities in order to ascertain if the changes seen in those areas is due to any process which may be related to service. In light of the above, further appellate consideration will be deferred and this case is REMANDED to the RO for the following: 1. In the event the veteran has received recent private and/or military or VA treatment for any of the disorders described above, up-to-date records of such treatment should be secured and made a part of the claims folder. 2. The veteran should be scheduled for a special dermatology examination to establish the current severity of pseudofolliculitis barbae. All indicated studies should be performed and all clinical findings should be reported in detail. If the veteran presents for examination wearing a beard, the examiner should determine whether a thorough examination for possible lesions, or other skin pathology, beneath the beard can be accomplished without requiring the veteran to shave. The veteran's claims folder should be made available to the examiner prior to the examiner. 3. The veteran should also be scheduled for special rheumatology and orthopedic examinations. All indicated studies should be performed and clinical findings reported in conformity with the Physician's Guide for Disability Evaluation Examinations. The rheumatologist should report clinical findings regarding any manifestations of rheumatoid arthritis now present in any joint. The orthopedic examiner should particularly examine the joints of the lower extremities and describe any manifestations of disability, including arthritic changes, involving those joints. X-rays should be ordered as appropriate. If arthritic changes are found, the nature and likely etiology of such changes should be described, including whether it is likely that they are part of a systemic process and whether there is any relationship of them to the joint manifestations noted in service. The veteran's claims folder should be made available to the examiners prior to the examination. When the requested development has been completed, the RO should review the veteran's claims. If any issues on appeal remain denied, the veteran should be issued a supplemental statement of the case and afforded the requisite 60 days within which to respond. 38 C.F.R. § 20.302(c) (1994). Thereafter, subject to current appellate procedure, the veteran's claims should be returned to the Board for further appellate consideration, if in order. The purpose of this REMAND is to further develop the record. By this action, the Board intimates no opinion as to the ultimate determination warranted on the issues on appeal. No action is required of the veteran until he is contacted. 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) (1994).