BVA9501323 DOCKET NO. 93-06 703 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for degenerative arthritis of the left knee, currently rated as 30 percent disabling. 2. Entitlement to a temporary total rating based on convalescence due to an arthroscopy in July 1992. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from September 1974 to April 1981. The Board of Veterans' Appeals (Board) received this case on appeal from an October 1992 RO rating decision. REMAND The veteran contends that he required post hospital convalescence following surgery in July 1992. The July 1992 hospital report shows that he was instructed in the use of crutches, but there is no indication that he was casted or prohibited from weight bearing or from returning to work. Further development of the record is desirable to establish the medical restrictions he was under following surgery. Additionally, it has been pointed out that the veteran has not been afforded a VA compensation examination since 1988. Considering the treatment he has been afforded in the interim, the Board believes that such an examination is desirable. Under these circumstances, the case is REMANDED for the following: 1. Copies of the veteran's VA treatment records since August 1992 should be obtained and associated with the claims file. 2. After the above actions have been completed, the veteran should be scheduled for an examination by an orthopedist to determine the extent of the impairment attributable to the service-connected degenerative arthritis of the left knee. The examiner should review the claims file in order to be familiar with the veteran's medical history and to insure a thorough examination report. All indicated studies should be completed, including a detailed description of the range of motion of the left knee. . The RO should take adjudicatory action based on the evidence obtained pursuant to the development sought above. If the benefit sought by the veteran is not granted, a supplemental statement of the case should be prepared. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case, the claims folder should be returned to this Board for further appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of the remand is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. STEPHEN L. WILKINS 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).