BVA9500946 DOCKET NO. 93-07 487 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an increased (compensable) evaluation for service-connected flat feet. 2. Entitlement to an increased rating for post-operative residuals of chondromalacia of the left knee, currently evaluated as 10 percent disabling. 3. Entitlement to service connection for a right knee disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Kay F. Mayer, Associate Counsel INTRODUCTION The veteran had active duty from July 1976 to May 1980 and from April 1987 to June 1991. This matter came before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. REMAND The Board has noted the appellant indicated in his June 1992 notice of disagreement for the claims of increased ratings for his service-connected left knee and flat feet disorders that he raised the claim for service connection for a right knee disorder. He also indicated that it had been proposed that he have surgery on his right knee. He indicated in his August 1992 substantive appeal he was wearing supports on both knees. While the appellant did complain of pain in both his knees at the VA examination in September 1991, that examination was conducted prior to the appellant's making a claim for service connection for a right knee disorder and his right knee was not examined. Also, the representative has indicated that a treatment record during service (December 1990) does show an impression that the appellant had chondromalacia predominately of the left knee, which indicates that the right knee might be involved. In light of the appellant's indication that he was advised to have surgery on his right knee and that he wears a knee support for pain and support, the Board believes the appellant should undergo a further VA examination of his right knee and that all treatment records for the appellant's claimed right knee disorder should be obtained. The Board also finds the examination of the feet in September 1991 to be inadequate for rating under the rating schedule criteria. The VA has a duty to assist a veteran in developing facts pertinent to a well grounded claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 (1993). That duty includes obtaining medical examinations where indicated by the facts and circumstances of an individual case. See Murphy v. Derwinski, 1 Vet.App.78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain from the veteran the names and addresses of all medical care providers who treated the veteran for a right knee disorder since discharge from his first and second periods of service. After securing the necessary authorizations for release of his medical records, the RO should obtain these records. 2. The veteran should be afforded a VA orthopedic examination to determine the nature and extent of any right knee disorder and the severity of his flat feet. If any right knee disorder is found, the examiner should indicate whether there is any relationship between that disorder and the appellant's service-connected left knee disorder. The examiner should also indicate the location of the weight-bearing line in the feet and should comment on the presence or absence of pain on manipulation and use of the feet. All indicated tests and studies should be performed, including radiographic and range of motion studies. The claims folder should be made available to the examiner for review before the examination. The examiner should adequately summarize the relevant medical history and clinical findings and provide detailed reasons for the medical conclusions. The examination should be conducted and reported in accordance with the provisions set forth in the VA Physician's Guide for Disability Evaluation Examinations. The claim for an increased rating for postoperative residuals of chondromalacia of the left patella shall be held in abeyance pending the above development. When this development has been completed, and if the benefits sought are not granted, the case should be returned to the Board for further appellate consideration, after compliance with appropriate appellate procedures, including issuance of a supplemental statement of the case. It is requested that the statement specifically set forth the reasons and bases for the decision. No action by the appellant is required until he receives further notice. The Board intimates no opinion, either legal or factual, as to the ultimate disposition warranted in this case, pending completion of the requested development. HOLLY E. MOEHLMANN 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).