Citation Nr: 0007656 Decision Date: 03/22/00 Archive Date: 03/28/00 DOCKET NO. 95-06 698 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUE Entitlement to an increased rating for a right knee condition with degenerative joint disease, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: California Department of Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD John Z. Jones, Counsel INTRODUCTION The veteran served on active duty from April 1970 to February 1972 and from June 1976 to January 1988. This matter has come before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the San Diego, California, Department of Veterans Affairs (VA) Regional Office (RO). REMAND During his travel board hearing in February 2000, the veteran reported having been treated at the VA Medical Center (VAMC) in Loma Linda, California since July 1998, the date of the most recent VA examination. He indicated that had been to VA medical sick call about 30 times in the last year. Insofar as they represent current treatment for the service-connected right knee condition, the Board feels that the clinical records from the VA facility should be associated with the claims file. On the basis of the above and pursuant to 38 C.F.R. § 19.9, the Board determines that further development of the evidence is essential for a proper appellate decision and, therefore, remands the matter to the RO for the following action: 1. The RO should ask the veteran to provide the names, addresses, and approximate dates of treatment of all health care providers, VA and private, who have treated him for the service- connected right knee condition since July 1998, the date of the most recent VA examination. After securing any necessary authorizations, the RO should request copies of all indicated records which have not been previously secured and associate them with the claims folder. Failures to respond or negative replies should be noted in writing and also associated with the claims folder. Regardless of the veteran's response, the RO should obtain all reported outstanding treatment records from the Loma Linda VAMC since July 1998. 2. After undertaking any development deemed essential in addition to that specified above, the RO should readjudicate the issue on appeal. If any benefit sought remains denied, the appellant and his representative should be provided a supplemental statement of the case, which reflects RO consideration of all additional evidence, and the opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The purpose of this REMAND is to obtain additional evidence and ensure that the veteran is afforded all due process of law. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. No action is required by the veteran until contacted by the RO. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21- 1, Part IV, paras. 8.44-8.45 and 38.02-38.03. DEBORAH W. SINGLETON Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).