BVA9506312 DOCKET NO. 93-13 983 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to an increased (compensable) rating for gonococcal arthritis of the right knee. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran had active duty from December 1951 to December 1954. This appeal is taken from a January 1991 Regional Office (RO) determination which confirmed and continued a noncompensable evaluation for the disability at issue. REMAND The veteran asserts that his current right knee symptoms are more disabling than the current rating reflects, and may not be dissociated from his service-connected right knee disability. The Board notes that, with the exception of a VA X-ray examination report dated in February 1992, the medical evidence of record notes current symptomatology of the right knee without any clinical opinion of record distinguishing symptoms attributable to any nonservice-connected knee disability from those symptoms attributable to the service-connected right knee disability. Indeed, while the VA X-ray examination report dated in February 1992 noted that no manifestations could be attributed solely to the service-connected right knee disability, no opinion was proffered as to whether the current manifestations could be clinically distinguished from the service-connected disability. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who have treated the veteran for right knee symptomatology since 1991. After securing the necessary release, the RO should obtain these records. 2. The veteran should be afforded a VA orthopedic examination to determine the current nature and severity of the service- connected right knee disability. The examiner should be specifically requested to provide an opinion as to whether any current right knee symptoms may be clinically dissociated from the service- connected right knee disability. All diagnostic tests, including blood and urine analyses, as well as X-ray examination, necessary for such determination should be performed. The claims folder must be made available to the examiner for review before the examination. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and his representative, should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. U. R. POWELL 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) (1993).