BVA9507539 
DOCKET NO.  93-09 859     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Buffalo, New
York

THE ISSUES

1.  Entitlement to an increased rating for status post total left
knee arthroplasty, evaluated as 30 percent disabling, effective
August 1995.

2.  Entitlement to an evaluation in excess of 10 percent (prior
to May 31, 1994) for left knee disability.

3.  Entitlement to an increased rating for medial collateral
ligament strain of the right knee, currently evaluated as 10
percent disabling.

REPRESENTATION

Appellant represented by:  Disabled American Veterans

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had active duty from March 1953 to March 1955.

This appeal arises from a December 1991 rating decision of the
Buffalo, New York, regional office (RO).  In that decision,
increased ratings for right and left knee disabilities, then each
rated 10 percent disabling, were denied.  The appellant underwent
left knee surgery in May 1994.  The RO, in a rating decision of
September 1994, increased the rating for the left knee to 30
percent.  This action was taken without the claims file.  The
last disability evaluation examination by the Department of
Veterans Affairs (VA) occurred in 1991 (prior to the operative
procedure), and the appellant has expressed a desire to have his
right knee examined for rating purposes.  Moreover, the actual
postoperative status of the appellant's left knee is not
currently reflected in the record.

To ensure that VA has met its duty to assist the claimant in
developing the facts pertinent to the claims, the case is
REMANDED to the RO for the following development:

1.  The appellant should be afforded a VA
orthopedic examination to determine the
current extent of the service-connected
knee disabilities.  Clinical findings
should be reported in detail, and emphasis
should be placed on reporting the separate
levels of impairment of function of each
knee.  the examination report should
include all positive and negative findings,
including active range of motion, passive
range of motion, functional limitation of
pain, and the presence or absence of
weakness or instability.  The examiner
should be informed of the appropriate
rating criteria.  The claims folder should
be made available to the examiner for
review before the examination.

2.  The veteran should be contacted and
requested to state whether he is satisfied
with the 30 percent evaluation assigned for
the left knee.

3.  The regional office should consider
whether the case is ripe for appellate
consideration.  The regional office
scheduled a future 30 percent evaluation,
after a 100 percent schedular evaluation.
The 30 percent evaluation is scheduled to
take effect in August 1995.  However, the
record lacks evidence of improvement.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If any
benefit sought on appeal remains denied, the appellant and
representative should be furnished a SSOC and given the
applicable opportunity to reply.  Thereafter, the case should be
returned to the Board, if in order.  The Board intimates no
opinion as to the ultimate outcome of this case.  The appellant
need take no action until so notified.

          H. N. SCHWARTZ
          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) (1994).