BVA9405779 DOCKET NO. 93-18 091 ) DATE ) ) ) THE ISSUES Entitlement to service connection for chondromalacia patellae, right knee. Entitlement to service connection for chondromalacia patellae, left knee. Entitlement to service connection for a left hip disorder. Entitlement to service connection for gastritis. Entitlement to service connection for hallux valgus, right great toe. Entitlement to service connection for hallux valgus, left great toe. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD R.M. Pelletier, Counsel INTRODUCTION The appellant served on active duty from June 1982 to February 1990. This appeal arises from a December 1991 rating decision of the Department of Veterans Affairs (VA) Anchorage, Alaska, Regional Office (RO), denying entitlement to service connection for chondromalacia patellae, right knee, chondromalacia patellae, left knee, a left hip disorder, gastritis, hallux valgus, right great toe, and for hallux valgus, left great toe. During the pendency of this claim, jurisdiction was transferred to the Montgomery, Alabama, RO. During her August 1993 hearing, the issue of entitlement to service connection for sero-negative arthritis of multiple joints was raised. This issue is not inextricably intertwined with the current appeal and is referred to the RO for the appropriate development. REMAND The appellant has requested service-connection for the disabilities stated on the title page. A hearing was held on August 3, 1993, in Montgomery, Alabama, before a member of the Board section rendering the final determination in this claim who was designated by the Chairman to conduct this hearing, pursuant to 38 U.S.C.A. § 7102(b) (West 1991). During the course of her testimony, the appellant indicated that the claims folder was incomplete, as it contained only service medical records dated from 1988 to 1990. Records from June 1982 to 1988 had not been associated with the claims folder. A review of the claims folder verifies her statement. She also testified that she had been receiving treatment at the Birmingham, Alabama, VA medical center. Those records have not been associated with the claims folder. On VA Form 21-526, Veteran's Application for Compensation or Pension, received in 1991, the appellant alleged treatment from September 1983 to August 1985 at the David Grant Medical Center, Travis Air Force Base (AFB), California. She claimed treatment from 1985 to 1987 at the George AFB Regional Hospital, California, and at the Osan AFB, Korea, from 1987 to 1988. The VA has a duty to assist the appellant in the development of facts pertinent to the claim. 38 U.S.C.A. § 5107(a) (West 1991) This includes obtaining service medical records. Goodwin v. Derwinski, 1 Vet.App. 419 (1991). Under the circumstances, the case is remanded for the following: 1. The RO is to contact the appropriate authorities and request copies of the appellant's service medical records dated from June 1982 to 1988. Contacts should include requests for records from the Air Force medical facilities at Travis AFB, George AFB and Osan AFB. Any records obtained are to be associated with the claims folder. 2. The RO is to obtain and associate with the claims folder, copies of the VA Birmingham, Alabama, VA Medical Center records concerning the veteran's treatment at that facility. Following completion of this action, the RO is to review the case to determine if the claim may be granted. Thereafter, if the claim remains denied, the veteran and her representative should be furnished a supplemental statement of the case. They should be afforded the appropriate period of time within which to respond thereto, at their option, as provided by governing regulation. Then, if otherwise in order, the case should be returned to the Board after compliance with all requisite appellate procedures. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * (MEMBER TEMPORARILY ABSENT) H. STERLING, M.D. HOLLY E. MOEHLMANN (CONTINUED ON NEXT PAGE) *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. 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).