BVA9500285 DOCKET NO. 93-07 042 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased disability evaluation for a right knee disorder, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Anna Bryant, Counsel INTRODUCTION The veteran had active military service from December 1978 to January 1982. This matter came before the Board of Veterans' Appeals (Board) on appeal from an April 1990 rating decision of the Boston, Massachusetts, Regional Office (RO) of the Department of Veterans Affairs (VA). REMAND The veteran and his representative contend that an increased disability evaluation is warranted for the veteran's service- connected right knee disorder. It is maintained that he suffers from persistent pain and swelling, as well as weakness and marked limitation of motion. Review of the evidentiary record reflects that the veteran has not been provided a VA examination since August 1991, the examination on which the 10 percent disability evaluation was based. Under the circumstances of this case, the Board concludes that additional medical development of the record would be beneficial prior to appellate disposition. Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following action: 1. The veteran should be requested to identify all sources of recent medical treatment received for his service-connected right knee disorder, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA medical source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should schedule the veteran for an orthopedic examination for the purpose of determining the current severity of his service-connected right knee disorder. All indicated tests and studies should be performed and reported in accordance with the VA I[nformation] B[ulletin] 11-56 Physician's Guide for Disability Evaluation Examinations (March 1, 1985). The claims folder should be made available and reviewed by the examiner prior to the examination of the veteran. If the benefit sought on appeal is denied, the veteran and his representative should be afforded the requisite 60 days to respond to the supplemental statement of the case. 38 C.F.R. § 20.302(c) (1993). Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order, following appropriate appellate procedures. The purpose of this REMAND is to further develop the record and the Board does not intimate any opinion, either factual or legal, as to the ultimate disposition notified. ALBERT D. TUTERA 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).