BVA9500310 DOCKET NO. 93-02 868 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Whether new and material evidence has been received to reopen claims for entitlement to service connection for psoriasis, arthritis and an eye disorder. 2. Entitlement to service connection for heart disease with hypertension. 3. Entitlement to an increased evaluation for residuals of a right foot injury. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L. Jennifer Lane, Associate Counsel INTRODUCTION The veteran had active service from January to December 1945. The appeal originated with a November 1991 rating decision in which the Regional Office (RO) confirmed and continued a 30 percent evaluation for residuals of a right foot injury, and determined that new and material evidence to reopen the claims for entitlement to service connection for psoriasis, arthritis and an eye disorder had not been received. The appeal also stems from a RO determination in July 1992 which denied entitlement to service connection for a heart disorder with hypertension and diabetes mellitus. The veteran was notified of the determinations in a supplemental statement of the case issued in August 1992. The veteran perfected an appeal relative to "the heart condition" but not to diabetes mellitus. INTRODUCTION Review of the record discloses that the veteran has not been afforded a Department of Veterans Affairs (VA) medical examination of his service-connected right foot disorder in many years. Recent outpatient treatment reports suggest there may have been a change in the disability status. Additionally, the veteran has reported having received treatment at a VA Medical Center in 1990, but the RO only requested VA outpatient treatment records from that facility since 1991. Moreover, the veteran has related having been treated for scaly feet in 1968 by a "Dr. Barefoot" in Greensboro. Reports of such treatment are not of record. To ensure that the VA has met its duty to assist the veteran in developing the facts pertinent to his claims and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers who have treated the veteran for psoriasis, arthritis or an eye disorder since service, including the address of Dr. Barefoot in Greensboro, N.C., and the dates of such treatment and for residuals of a right foot injury since 1990. After securing the necessary releases, the RO should obtain these reports not already of record. 2. The RO should schedule the veteran for VA orthopedic and neurologic examinations in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All necessary tests and studies should be performed. Additionally, the examiners must be allowed the opportunity to review the veteran's claims file prior to the examinations. The purpose of this examination is to ascertain the nature and current severity of the veteran's service- connected residuals of a right foot injury. 5. Following completion of the above development, the RO should again review the record. If any benefit sought on appeal, for which an appeal has been perfected, remains denied, the veteran and representative should be furnished a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise notified. U. R. POWELL 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).