BVA9502707 DOCKET NO. 93-13 917 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUE Entitlement to service connection for a bilateral knee disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran's active service from February 1977 to September 1992 has been reported. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 1993 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana. A review of the record discloses that the service medical records received appear to be incomplete, with the principal records on file dating from 1981. Fragmentary service medical records predating that time are located among the records that have been provided. The Board observes that in February 1993, the RO made a request to the National Personnel Records Center for service medical records relating to the period of active service reported to have occurred prior to June 1981. The March 1993 reply indicates that the request had been referred to another location. No further information regarding the status of the request is on file. The Board also observes that in the initial application for compensation, the veteran reported that her treatment for knee complaints during service included treatment from October to December 1977 and during July 1978. Another matter requiring action is verification of the veteran's service. The claims folder does not contain a DD Form 214, and the March 1993 reply to the RO's inquiry regarding service medical records did not provide verification of any period of active service that has been reported. From a reading of the veteran's substantive appeal, received in April 1993, it appears that she has been seen at a VA facility for knee complaints since the January 1993 VA examination. No inquiry was made regarding the existence of additional treatment records. The VA's duty to assist requires obtaining pertinent medical records and examinations by specialists, when indicated. Accordingly, the Board concludes that further development, as specified below, is necessary. The case is therefore REMANDED to the RO for the following actions: 1. The RO should contact the National Personnel Records Center to determine whether any additional service medical records pertaining to the veteran are on file. If so, they should be obtained and associated with the claims folder. Of particular significance are service medical records dating for the period prior to June 1981. The RO should request that the original service medical records be provided. At the same time, the RO should request verification of the veteran's active service. 2. The RO should contact the veteran and request that she identify the names, addresses, and approximate dates of treatment for all VA and non-VA providers who have treated her for her bilateral knee disability since her separation from active service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which are not currently of record. 3. Thereafter, the veteran should be afforded a VA examination by a board- certified orthopedist, if available, to determine the nature and extent of any disability of either knee found. All indicated studies should be performed. The examiner is requested to review the claims folder and provide an opinion regarding the etiology of any bilateral knee disability found to be present. The examiner is also requested to express an opinion as to the etiologic significance, if any, of the knee complaints reported in the service medical records. A complete rationale should be given for all opinions and conclusions expressed. 4. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim of service connection for a bilateral knee disability. If the benefit sought on appeal is not granted to the satisfaction of the veteran, a supplemental statement of the case should be issued, and the veteran and her representative provided the appropriate period to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to the final outcome warranted. No action is required of the veteran until she is notified by the RO. GARY L. GICK 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).