BVA9502710 
DOCKET NO.  93-13 015     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUE

Entitlement to service connection for residuals of a right knee
injury.

ATTORNEY FOR THE BOARD

Richard E. Coppola, Associate Counsel

INTRODUCTION

The veteran had active service from January 1987 to January 1991.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a rating decision of September 1992 from the San
Diego, California, Department of Veterans Affairs (VA) Regional
Office (RO), which denied service connection for residuals of a
right knee injury.  The case was subsequently removed from that
RO and local jurisdiction is currently with the Cleveland, Ohio,
RO.

REMAND

The veteran seeks entitlement to service connection for residuals
of a right knee injury.  Additional medical evidence was received
directly at the Board after the most recent rating decision, which
has not been considered by the RO.  The veteran has not waived
consideration by the RO of this evidence.  (see 38 C.F.R.
§ 20.1304(c) (1993)), but the RO will have an opportunity to
consider the report because the case will be remanded for
additional development.

In support of his claim, the veteran has reported that he fell and
injured his right knee while on leave in 1989, was treated on some
two occasions by a corpsman when he returned to duty, and was
issued a right knee brace prior to separation from active duty.
He maintains that the brace was made by Orthopedic Technology,
Inc., and issued through Balboa Naval Hospital, San Diego,
California.  In his March 1993 substantive appeal, the veteran
stated that he contacted the manufacturer who could not confirm
that the brace had been ordered by the United States Navy.

The claims folder does not contain the veteran's service medical
records.  It appears that the RO requested these records,
including a request to the Adjutant General, 2829 Watt Avenue,
Sacramento, California, 95821.  A May 1992 response from that
office states that the request for service medical records should
be submitted to the United States Navy and in August 1992 the
California National Guard reported that the records were lost and
no further action could be taken until they surfaced.  The Board
is persuaded under the circumstances, particularly in view of the
lapse of time since the last inquiry, that further efforts to
obtain the veteran's service medical record should be made in
connection with this appeal.

Accordingly, the Board finds that additional development of the
evidence is necessary.  Therefore, the case is REMANDED for the
following actions:

1.  The RO should request the veteran to
submit copies of any active duty service
medical records, reserve records, or
National Guard records that he might have
obtained and have in his possession.  If
the veteran does not have complete records,
the RO should initiate a new request for
such records from all potential sources.

2.  If the veteran's active duty service
medical records cannot be located, the RO
should request copies of right knee
treatment records directly from Balboa
Naval Hospital, San Diego, California in
January 1991, with attention to the
orthopedics and prosthetics departments.
Any evidence obtained should be made part
of the claims folder.

3.  Following completion of these actions,
the RO must review the claims folder and
ensure that all of the foregoing
development actions have been conducted and
completed in full.  The RO should then
readjudicate the veteran's  compensation
claim based on the entire evidence of
record, including all the evidence added to
the record.  The RO must provide reasons
and bases for its decision.

If the benefit sought is not granted, the veteran and his
representative should be provided with a supplemental
statement of the case and afforded the applicable time period
to respond.  The case should be returned to the Board for
further appellate consideration.  No action by the veteran is
required unless or until he is contacted by the RO.

          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).