BVA9506446 
DOCKET NO.  93-14 053     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Lincoln,
Nebraska

THE ISSUE

Entitlement to an increased (compensable) evaluation for a
service-connected right knee disorder.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Bernard T. DoMinh, Associate Counsel
INTRODUCTION

The veteran served on active duty from July 1969 to July 1971 and
from January 1976 to January 1980.

This matter comes to the Board of Veterans' Appeals (Board) on
appeal from a January 1993 rating decision by the Lincoln,
Nebraska, Regional Office (RO) of the Department of Veterans
Affairs (VA), which denied the veteran's claim for an increased
(compensable) evaluation for a service-connected right knee
disorder.

REMAND

The veteran had successfully appealed a 1991 denial by the RO of
his claim for service connection for a right knee disorder.  An
August 1992 Board decision granted his appeal, and service
connection for the right knee disorder, with degenerative
arthritis, was granted in a November 1992 RO decision, effective
from September 1990.

The evidence of the case indicates that the veteran's service-
connected right knee disorder was related to an injury which
occurred during his second period of active service, in 1976.

In a January 1993 rating decision, the RO assigned a zero
percent, noncompensable rating for the veteran's right knee
disorder.  The rating action was based on the findings of a
December 1992 VA examination, during which the veteran complained
of having pain on motion of his right knee.  Though the
examination showed that his knee had full range of motion, and
did not appear disabled, the report shows that X-ray films of the
right knee were pending, and had not been reviewed by the
examining physician when the report was made.  The representative
has called this issue to the Board's attention, and has requested
that, if the veteran's claim for an increased rating could not be
granted, that his claim be remanded for

further evidentiary development.  The Board concurs, mindful that
the veteran is service-connected for degenerative arthritis of
the right knee, and that, where there is actual pain due to
healed injury, he is entitled to at least the minimum compensable
rating.  38 C.F.R. § 4.59 (1994).  In addition, the veteran
contends that his pain is more extensive than when he was
examined in December 1992.  Therefore, the Board finds that the
VA's duty to assist the veteran requires that his case be
remanded in order that a complete VA examination, to include X-
rays of his right knee, may be performed so that an accurate
evaluation of his disability may be made.  38 U.S.C.A. § 5107(a)
(West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1994); Littke v.
Derwinski, 1 Vet.App. 90 (1990).

The case is therefore REMANDED to the RO for the following
actions:

1.  The RO should ask the veteran to
provide a list of all medical care
providers (names and addresses and dates of
treatment) who treated him for any right
knee disorders since separation from his
second period of active service in 1980.
After securing any necessary releases, the
RO should itself directly contact the
medical providers and obtain these records,
not already on file, following the
procedures of 38 C.F.R. § 3.159 (1994).

2.  After all records are added to the
claims folder, the veteran should undergo a
VA orthopedic examination to determine the
severity of his right knee disorder.  All
indicated tests should be performed.  X-
rays of his right knee must be taken and
reviewed by the examiner in the course of
the examination, and the claims folder
must be made available to and reviewed by
the examiner before the examination.

Thereafter, the RO should review the claim for an increased
rating for a right knee disorder.  If the claim is denied, the
veteran and his representative should be issued a supplemental
statement of the case and given an opportunity to respond.  Then
the case should be returned to the Board.

          J. E. DAY
          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).