BVA9503396 DOCKET NO. 93-13 803 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Entitlement to a total compensation rating based on individual unemployability. 2. Entitlement to an extension of a temporary total rating based on the need for convalescence beyond July 31, 1991. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from April 1976 to May 1979. This matter comes before the Board of Veterans' Appeals (Board) from January 1992 and September 1992 decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. The record reflects that in a January 1993 communication to the RO, the veteran submitted a notice of a Social Security Administration (SSA) award showing entitlement to disability benefits from December 1991. The record reviewed by SSA has not been requested. The Board notes that the veteran's claims file contains a July 1990 VA vocational rehabilitation application. However, the claims file does not include any records from this service. Regarding the extension of convalescent benefits, the record contains a December 1991 statement from F. Richard Convery, M.D., and a March 1992 statement from a VA physician pertinent to the issue. The veteran testified regarding the need for crutches during the two months after the June 1991 arthroscopic surgery followed by the need of a cane in ambulating. The VA clinical records on file for this period are few, and complete records from Dr. Convery have not been obtained. At the time, the veteran was scheduled to receive an osteochondral allograft of the left knee; however, the record does not show that the procedure was performed or, if completed, the residual impairment of the knee. The most recent comprehensive examination of the left knee was completed in late 1991. In view of the foregoing, it is the opinion of the Board that further development, as outlined below, is warranted. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should obtain from the SSA copies of all medical and adjudication records pertaining to its award of disability benefits to the veteran. 2. The RO should obtain and associate with the claims folder any records of vocational counseling or rehabilitation accorded the veteran. If no records are available, documentation of this fact should be added to the records assembled for appellate review. 3. The veteran should be requested to identify all sources of recent treatment for his service-connected left knee disability since 1991. With any necessary authorization from the veteran, the RO should attempt to obtain copies of all indicated records which have not been previously secured. This should include legible copies of all treatment records from F. Richard Convery, M.D., UCSD Medical Center, 225 Dickinson Street, 8894, San Diego, CA 92103-8894. 4. A VA social and industrial survey should be conducted in order to clarify the veteran's medical, social, educational, and employment history. The social worker should elicit and set forth pertinent facts regarding the veteran's medical history, education, employment history, social adjustment, and current behavior and health. The social worker should offer an assessment of the veteran's current functioning and identify the conditions which limit his employment oppor- tunities. Any potential employment opportunities should be identified. The claims folder and associated records must be made available to the social worker in conjunction with the survey as it contains important historical data. 5. Following completion of the above development, the veteran should be accorded a VA orthopedic examination to determine the severity of the left knee disability. The claims folder must be made available to the examiner prior to the evaluation so that the examiner may review the pertinent historical data contained therein. The examiner should utilize the social work service report as well as pertinent data in the claims folder in order to obtain a fully informed picture of the progress of the veteran's orthopedic disorder. The examination should be comprehensive enough to determine the nature and extent of all orthopedic symptoms. The orthopedist should utilize any specialized testing deemed pertinent in making a complete diagnostic evaluation. Based upon a review of the record and the examination, the examiner should comment on the degree of functional impairment and any limitations on the veteran's ability to work on account of the left knee disability. The examination should be performed and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations. 6. When the above development has been completed the RO should readjudicate the veteran's claim for a total rating based on individual unemployability on account of service-connected disability . The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.16(b), whichever may be applicable. If not rendered moot, the claim for an extension of the convalescent rating should also be readjudicated. If any benefit sought on appeal is not granted to the veteran's satisfaction, a supplemental statement of the case addressing all issues in appellate status should be prepared and furnished to the veteran and his representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. CHARLES E. HOGEBOOM 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 deter- mination. 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. 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) (1994).