BVA9504140 
DOCKET NO.  93-07 528     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Whether new and material evidence has been submitted to
reopen a claim for entitlement to service connection for a back
disorder.

2.  Entitlement to service connection for impaired hearing.

3.  Entitlement to service connection for a right knee disorder.

4.  Entitlement to an increased rating for residuals of an injury
of the left knee, currently rated as 10 percent disabling.

5.  Entitlement to an increased (compensable) evaluation for
residuals of an injury of the right shoulder.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

M. Auer, Counsel

INTRODUCTION

The veteran served on active duty from January 1944 to January
1964.

Service connection for minimal lipping of the lumbar spine was
denied by the Department of Veterans Affairs (VA) New York, New
York, Regional Office in June 1966.  This matter comes before the
Board of Veterans' Appeals (Board) from an October 1992 rating
decision of the St. Petersburg, Florida, Regional Office (RO).
In that decision, the RO declined to reopen the veteran's claim
for entitlement to service connection for a back disorder and
denied service connection for impaired hearing and a right knee
disorder, and denied increased ratings for the veteran's service-
connected left knee and right shoulder disorder.

REMAND

The Board has reviewed the available service medical records in
the claims file and it appears that the service medical records
are not complete.  The veteran served on active duty for many
years and there are large time gaps in the service medical record
where it appears records are missing.  VA has a duty to assist
the veteran in the development of facts pertinent to his claim
under 38 C.F.R. § 3.103(a) (1994).  The United States Court of
Veterans Appeals (Court) has held that fulfillment of VA's duty
to assist the veteran includes the procurement and consideration
of any relevant medical records.  See Ferraro v. Derwinski, 1
Vet.App. 326, 334 (1991).

The veteran's case was received at the Board in April 1993.
Since that time, additional evidence in the form of private
outpatient treatment records have been received.  This additional
evidence was received without a waiver of the veteran's right to
have that evidence initially considered by the RO.  Any pertinent
evidence submitted by the veteran or representative that is
accepted by the Board must be referred to the RO for review and
preparation of a supplemental statement of the case, unless this
procedural right is waived by the appellant.  See 38 C.F.R.
§ 20.1304(c) (1994).  The veteran has not waived his procedural
right and, in view of other necessary development described
below, this claim must be returned to the RO for consideration of
the evidence submitted directly to the Board.

Accordingly, the case is REMANDED for the following actions:

1.  The RO should attempt to obtain the
complete set of originals or copies of the
veteran's service medical records and
attach them to the claims file.  Care
should be taken by the RO so that duplicate
records are not placed in the claims
folder.

2.  The RO should contact the veteran and
ask him to furnish the names and addresses
of all medical personnel and facilities,
including VA facilities, from whom he has
received treatment for the disabilities at
issue since his discharge from service.
After obtaining the necessary authorization
from the veteran, the RO should obtain
available records from any private sources.
The RO should also obtain any available
treatment records from the VA hospitals or
medical centers where the veteran has
received treatment since his discharge from
service.  Care should be taken by the RO so
that duplicate records are not placed in
the claims folder.

3.  A VA orthopedic examination should be
arranged to determine the extent and
severity of the veteran's residuals of a
left knee injury and residuals of an injury
of the right shoulder.  The examination
should be conducted in accordance with the
VA Physician's Guide for Disability
Evaluation Examinations (1985).  The
examiner should set forth detailed findings
regarding limitation of motion and any
other functional loss caused by residuals
of the injury to the left knee and right
shoulder.  Active and passive range of
motion, in terms of degrees, with a
comparison of the opposite side, should be
reported.  The presence or absence of
painful motion must be reported.  The
examiner should also describe any
functional loss the veteran may experience
as a result of pain, weakness or
fatigability.  All appropriate tests,
particularly those that would indicate the
stability of the knee, should be performed
and reported in detail.  The claims folder,
or copies of all pertinent records, must be
made available to the examiner for review
prior to, and during, the examination.

The RO should then review the veteran's claims in light of all
the evidence and applicable legal criteria.  If any of his claims
remains denied, the veteran and his representative should be
provided with an appropriate supplemental statement of the case
that includes any additional pertinent law and regulations and a
full discussion of the evidence in this case.  The appropriate
response time should be allowed.  The case should be returned to
the Board, if in order, after compliance with all regulatory
appellate procedures.  No action is required of the veteran until
he is so informed.

The Board intimates no opinion as to the ultimate decision
warranted in this case, either favorable or unfavorable, at this
time.  The Board's disposition of all the issues on appeal is
held in abeyance pending completion of the requested development.

          JACQUELINE E. MONROE
          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).