BVA9502382 
DOCKET NO.  93-08 389     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUES

1.  Entitlement to an increased rating for lumbosacral strain,
currently evaluated as 10 percent disabling.

2.  Entitlement to a compensable rating for traumatic arthritis
of the right knee.

ATTORNEY FOR THE BOARD

Constance C. Hickey, Associate Counsel

INTRODUCTION

The veteran had active service from April 1979 to March 1992.

This appeal to the Board of Veterans' Appeals (Board) arises from
the October 1992 rating decision of the Department of Veterans
Affairs (VA) Regional Office (RO) Atlanta, Georgia, which granted
service connection for lumbosacral strain, evaluated as
10 percent disabling, and for traumatic arthritis of the right
knee, evaluated as noncompensably disabling.

There are statements in the veteran's appeal which suggest he may
be claiming service connection for upper back and right shoulder
disabilities.  These issues have not been adjudicated or
developed for appellate review and thus are not properly before
the Board.  These matters are referred to the RO for appropriate
action.

REMAND

On review of the claims folder the Board notes that in July 1992,
within the ninety day period allowed for submission of additional
evidence subsequent to the certification of his appeal to the
Board, the veteran submitted pertinent evidence in the form of a
June 1993 statement in which he requested an additional
examination due to his disagreement with the adequacy of the May
1992 VA examination and the fact that his condition had worsened.
Moreover, the Board notes that in his February 1993 appeal the
veteran asserted facts which would be relevant to the rating of
his service connected disabilities, specifically that his knee
gives way and that he has muscle spasms in his back.  In view of
the duty to assist the veteran in the development of facts
pertinent to his claim, the Board agrees that an additional
examination on remand would be useful to assess the current
status of the veteran's service connected disabilities.
Accordingly, the case is REMANDED to the RO for the following
actions:

1.  The RO should contact the veteran and
request that he provide the names and
addresses of any medical care providers,
VA and private, who have examined
or treated him for his back and knee
disabilities since separation from service,
in addition to the approximate dates of
such examination or treatment.  After the
appropriate releases have been obtained,
the RO should contact the medical care
providers identified by the veteran and
request that they provide copies of any
treatment records pertaining to the
veteran.  All records of identified VA
treatment should be obtained.  All records
received should be associated with the
veteran's claims folder.

2.  The RO should then arrange for
examination of the veteran by an
orthopedic specialist to assess the status
of the veteran's back and knee
disabilities in accordance with VA's
Physician's Guide for Disability
Evaluation Examinations.  All appropriate
special tests and X-rays should be
performed.  The examiner should thoroughly
review the veteran's claims folder prior
to examination.  It is specifically
requested that the examiner comment on
range of motion, the effect of pain on
motion, instability, weakness, swelling,
deformity, atrophy, and any additional
pertinent findings, which describe the
status of the veteran's service connected
lower back and right knee disabilities.
Supporting rationale should be provided
for all opinions expressed.

3.  Following completion of all requested
development the RO should again review the
veteran's claim for an increased
evaluation for his lumbosacral strain and
a compensable rating for his right knee
disability, on the basis of the entire
record, including the evidence submitted
directly to the Board.  The RO should
consider all relevant diagnostic codes,
including Code 5010 and 5003, if warranted
by the clinical findings.  If action
remains adverse to the veteran, the RO
should provide a supplemental statement of
the case to the veteran and his
representative.  The supplemental
statement of the case should contain a
recitation of all relevant evidence, a
citation to the relevant law and
regulations, and a statement of the
reasons for action taken.  The appropriate
period of time should be provided for
response.  Thereafter, the case should be
returned to the Board for further
appellate consideration, if otherwise in
order.

By this action the Board intimates no opinion, legal or factual,
as to the ultimate determination in this case.  No action by the
veteran is required until he receives further notice.

          D. C. SPICKLER
          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).