BVA9505837 DOCKET NO. 92-56 004 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a right ankle disability. 2. Whether new and material evidence has been submitted to reopen a claim for service connection of a back disability. 3. Entitlement to an increased rating for fibrotendinitis of the right foot, rated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD J. Andrew Ahlberg, Associate Counsel INTRODUCTION The veteran served on active duty from May 1972 to May 1975. This case comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from adverse rating action by the St. Petersburg, Florida, Regional Office (hereinafter RO). A November 1992 Board remand referred the veteran's case to the RO for additional development. REMAND In his August 1994 informal hearing presentation to the Board, the veteran's representative contended that because the veteran indicated that he had undergone an electromyogram (EMG) at a VA medical facility, the RO should have obtained the results of this procedure. The reports from the January 1993 VA examination conducted pursuant to the direction of the Board in its November 1992 Remand indicated that an EMG was to be scheduled. The veteran's representative has also contended that the January 1993 VA examination was insufficient because the examiner failed to comment on the "causal relationship" between the additional disabilities shown on that examination and the veteran's military service and/or his service connected right foot disability. Such an opinion by the examiner was requested by the Board in its November 1992 remand. Evidence of record also suggests that the veteran's failure to report to a scheduled VA neurologic examination may have been the result of the fact that he never received notice of such an examination because he had moved and the notice was sent to his previous address. The veteran's representative thus requests that the veteran again be scheduled for a VA neurologic examination. The Board concurs with the veteran's representative contentions as to the need to accomplish the requested development. Therefore, this case is REMANDED for the following development: 1. The RO is to obtain the results of the EMG referenced by the veteran and said to have been scheduled on a report from the January 1993 VA examination. 2. The veteran is to be afforded VA orthopedic and neurologic examinations. The examiners are to comment on the relationship between any lower extremity disorders shown and in-service symptomatology or pathology. An opinion by the examiners as to the relationship between any such lower extremity disorders and the veteran's service-connected fibrotendinitis of the right foot is also requested. In addition, the examiners should specify the degree of limitation of motion, if any, caused by fibrotendinitis of the right foot. The claims file should be made available to the examiners for their use in the study of this case. Following completion of the requested development, the RO should review the evidence and determine whether the veteran's claims may be granted. If any of the veteran's claims continue to be denied, the veteran and his representative should be issued a supplemental statement of the case, to include citations to the relevant laws and regulations as needed, and the case should be returned to the Board for further appellate review of this issue. The purpose of this REMAND is to assist the veteran in the development of his appeal, and the Board does not intimate an opinion, either legal or factual, as to the ultimate disposition warranted in this case. No action is required of the veteran until he is notified. HOLLY E. MOEHLMANN 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).