BVA9501427 DOCKET NO. 93-10 675 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES Entitlement to service connection for a right knee disability. Entitlement to an increased evaluation for a chronic low back strain with arthritic changes superimposed on congenital sacralization, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from February 1969 to August 1990. This appeal arises from an April 1992 rating decision which granted service connection for a low back disability and assigned a 10 percent disability evaluation and denied service connection for a right knee disability. The veteran has related, and service medical records confirm, that in May 1988 an examining physician indicated that the veteran had a clunk in the right knee. The record reflects that McMurray's sign was positive and the physician indicated that the veteran might have a torn meniscus of the right knee. The veteran's representative has contended that the findings made on Department of Veterans Affairs (VA) examination related to the veteran's low back were limited and inadequate for purposes of evaluating the severity of his low back disability. No findings were made regarding the veteran's right knee. It is herein noted that the most recent VA outpatient treatment records in the claims file are dated in July 1992. The Board of Veterans' Appeals (Board), having reviewed the record, finds that further development is required. Accordingly, the issues are being REMANDED to the originating agency for the following action: 1. The originating agency should request legible copies of the veteran's treatment records dated subsequent to July 1992 from the VA Medical Center, Big Spring. All records obtained should be associated with the veteran's claims file. 2. After the medical records have been obtained, the veteran should be scheduled for a special VA orthopedic examination to identify the current severity of the veteran's service connected low back disability and identify the presence and etiology of any current right knee disability. All clinical manifestations attributable to each disability should be reported in detail. All necessary tests and studies should be accomplished. The examiner should be provided with the claims file for review in connection with the examination. If a right knee disability is present, the examiner should be asked to provide an opinion as to the degree of probability, if any, that such pathology is related to the right knee complaints reported during service. 3. Upon completion of the above, the originating agency should review these claims. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the December 1992 supplemental statement of the case should be issued to the veteran and his representative. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. The purpose of this REMAND is to obtain clarifying medical information and ensure all due process. No action is required of the veteran until he receives further notice. CHARLES E. HOGEBOOM 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).