BVA9500095 DOCKET NO. 93-10 975 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama THE ISSUE Entitlement to service connection for arthritis of the hips and knees. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from March 1941 to November 1941 and from February 1942 to March 1945. The Board of Veterans' Appeals (Board) received this case on appeal from a December 1992 rating decision. The Board notes that other issues were developed and certified for appellate consideration but the veteran did not file a substantive appeal with respect to them; therefore, the Board is not assuming appellate jurisdiction over the other issues. REMAND The veteran contends that his arthritis of the knees and hips is the result of his service-connected residuals of shell fragment wounds. He sustained multiple wounds when a friendly rifle launched hand grenade fell short in August 1944. The initial hospitalization involved removal of all shrapnel from the right leg. There was no other injury to the lower extremities. The right leg wounds were consider healed in October 1944. The veteran was afforded a VA examination of his wounds in February 1946 that included a description of three healed scars of the right leg. The veteran is service connected for the residuals of a right chest wound, a right leg wound, a liver wound with retained foreign body, forearm wounds, a right posterior chest wound, an ear wound and a lip wound. The record as it is currently constitutes raises a question of whether any or all of these wounds are causally related to the onset of his arthritis of the knees and hips. This is primarily because a private doctor found, among other things, that the veteran walked with a "waddling gait due to [his] hips" and the only diagnosis was "old injuries due to scrapnel.(sic)" Thus, while the Board has some difficulty perceiving the relationship the veteran claims to exist between the service connected disabilities and the current arthritis, there is some colorable support for it in the above cited circumstance. Therefore, the Board believes that a more specific medical opinion in this matter is desirable. Accordingly, this case is REMANDED to the RO for the following: 1. Copies of all treatment records regarding the veteran's arthritis of the knees and hips since March 1992 should be associated with the claims file. 2. The veteran should be scheduled for an examination by a rheumatologist, if available, or an orthopedist to determine the medical probability of any relationship between the service-connected disabilities and the current knee and hip arthritis. All indicated studies should be completed. The examiner should be familiar with the claims file medical evidence, particularly the treatment in service, the findings during the February 1946 VA examination and the April 1980 private doctor's examination report. The opinion at the conclusion of the examination should consider the entire record and include a rationale for the conclusion reached. 3. The RO should take adjudicatory action based on the evidence obtained pursuant to the development sought above. If the benefit sought by the veteran is not granted, a supplemental statement of the case should be prepared. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case, the claims folder should be returned to this Board for further appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of the remand is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. BARBARA B. COPELAND 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).