BVA9504816 
DOCKET NO.  93-13 127     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Roanoke,
Virginia

THE ISSUE

Entitlement to an increased rating for degenerative joint disease
of both knees, 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 September 1978 to August 1991.

This appeal arises from a June 1992 rating decision of the
Roanoke, Virginia, regional office (RO).  In that decision,
service connection was granted for degenerative joint disease of
both knees "by x-ray evidence only."  The RO assigned a 10
percent rating essentially based on a report of a service
department Medical Board evaluation which showed no limitation of
motion of the knees.  The service department medical examination
may constitute a Department of Veterans Affairs (VA) examination
under certain circumstances according to the provisions of 38
C.F.R. § 3.326 (1994).

The appellant asserts that intermittently he has to use walking
aids such as crutches, canes, and Ace bandages.  His
representative argues that this is evidence of occasional
incapacitating exacerbations warranting an increased rating.  It
is the opinion of the Board of Veterans' Appeals (board) that
additional development is desirable to satisfy the provisions of
38 C.F.R. § 3.327 (1994) and in order to ascertain the current
severity of disability.

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

The appellant should be afforded a VA
orthopedic examination to determine the
current extent of the appellant's
degenerative joint disease of both knees.
Clinical findings should be recorded in
detail.  A medical history should be
obtained sufficient to cover any reported
need for walking aids or other evidence of
occasional incapacitating exacerbations.
The claims folder should be made available
to the examiner for review before the
examination.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If the
benefit sought on appeal remains denied, the appellant and
representative, should be furnished a supplemental statement of
the case 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.

          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).