Citation Nr: 0000407 Decision Date: 01/06/00 Archive Date: 01/11/00 DOCKET NO. 98-18 804 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for degenerative joint disease, right knee, currently rated as 10 percent disabling (bilaterally). 2. Entitlement to an increased evaluation for degenerative joint disease, left knee, currently rated as 10 percent disabling (bilaterally). 3. Entitlement to an increased evaluation for status post left Achilles repair, currently rated as noncompensable. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs ATTORNEY FOR THE BOARD Stanley Grabia, Associate Counsel REMAND The veteran reports active service from March 1975 to March 1979 and from October 1979 to December 1997. This case is before the Board of Veterans Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) regional office (RO), in Montgomery, Alabama. The Board is in receipt of a statement dated June 1999 from the appellant, received after the claims file was forwarded for adjudication to the Board. The appellant stated that he recently underwent an MRI (magnetic resonance imaging) at the Huntsville VAMC (VA Medical Center) to evaluate the extent of his bilateral knee disability. He requested that these medical records be obtained from the VAMC and added to the claims file. The Board notes that the Court has held that when the VA has constructive knowledge of medical records generated by its agency, the VA is obligated to obtain any such pertinent treatment records, as well as other records of which the VA was notified. See Bell v. Derwinski, 2 Vet. App. 611, 612- 613 (1992); Murincsak v. Derwinski, 2 Vet. App. 363, 369-370 (1992); Ivey v. Derwinski, 2 Vet. App. 320, 323 (1992). The RO should ensure that all VA records of treatment for the veteran, and supporting medical opinions are obtained and associated with his claims file prior to adjudication. Therefore, in light of the foregoing, and in order to give the veteran every consideration with respect to the present appeal, it is the Board's opinion that further development of the case is necessary. Accordingly, this case is REMANDED to the RO for the following action: 1. The RO should contact the Huntsville- VAMC and request copies of all medical/clinical reports pertaining to treatment provided to the appellant which are not in the claims file. In particular a copy of the MRI report, as alluded to above should be obtained. Efforts to obtain these records should be documented and any evidence received in response to this request should be associated with the claims folder. 2. The RO should then review the record and ensure that the above action has been completed. When the RO is satisfied that the record is complete and that all requested actions have been completed, the claims should be adjudicated on the basis of all relevant evidence of record, as well as application of relevant laws and regulations. If any determination remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case, and afforded the appropriate time period in which to respond. The record should then be returned to the Board for further appellate. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. 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 The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. CLIFFORD R. OLSON Acting Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), 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) (1999).