Citation Nr: 0813327 Decision Date: 04/23/08 Archive Date: 05/01/08 DOCKET NO. 07-01 013 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to service connection for a disability manifested by bilateral swelling of the feet. REPRESENTATION Appellant represented by: West Virginia Division of Veterans Affairs WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD J. L. Prichard, Counsel INTRODUCTION The veteran had active service from November 1966 to February 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2005 rating decision of the Pittsburgh, Pennsylvania, regional office (RO) of the Department of Veterans Affairs (VA). The veteran appeared at a hearing before the undersigned Veterans Law Judge at the RO in August 2007. A transcript of the hearing is contained in the claims folder. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required. REMAND At the August 2007 hearing, the veteran testified that he sustained an injury to his feet during service. He stated that a pallet was dropped on his feet, and that he received medical attention for this injury. The veteran said that he has had pain and swelling in both feet since this injury, as well as weakness of his ankles. Current medical records also show that the veteran has been seen for complaints pertaining to his feet. These complaints resulted in the veteran's doctor ordering an X-ray study of the right foot. Under the VCAA, VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C.A. § 5103A (d) (West 2002); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The evidence of a link between current disability and service must be competent. Wells v. Principi, 326 F.3d 1381 (Fed. Cir. 2003). The veteran's reports of a continuity of symptomatology can satisfy the requirement for evidence that the claimed disability may be related to service. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The threshold for finding a link between current disability and service is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon v. Nicholson, at 83. In this case, there is evidence of an injury to the feet in service. There is also evidence that the veteran currently has complaints pertaining to his feet. He has testified that these symptoms have been present since discharge from service. Therefore, the Board finds that the veteran must be afforded a VA examination in order to determine whether the veteran's current complaints constitute a chronic disability and, if so, if the current disability is related to the events in service. Furthermore, as noted above, the veteran's service medical records are not contained in the claims folder. Review of the record indicates that they have been obtained from the appropriate sources and were previously available, but that they apparently were not transferred to the Board. The Board assumes that these records are still available, and notes that they must reassociated with the claims folder prior to affording the veteran the VA examination. Accordingly, the case is REMANDED for the following action: 1. Associate the service medical records with the claims folder. If it is determined that the service medical records are no longer unavailable and all efforts have failed to relocate them, this should be noted in the claims folder. 2. Schedule the veteran for a VA examination of his feet. All indicated tests and studies should be conducted. The claims folder must be made available to the examiner. After completion of the examination and review of the medical record, the examiner should answer following questions: 1) Does the veteran have a current disability of one or both feet? If so, what is the diagnosis of this disability? 2) If the veteran is found to have a current disability of one or both feet, is it as likely as not (50 percent probability or more) that this disability is the result of an injury active service? The examiner is advised that the veteran is considered competent to report injuries and symptoms, and that his reports must be considered in formulating medical opinions. 3. If any benefit sought on appeal, remains denied, issue a supplemental statement of the case. The case should then be returned to the Board, if in order. The veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Mark D. Hindin Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2007).