BVA9503303 DOCKET NO. 93-11 922 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased rating for service-connected anterior cruciate ligament deficit of the left knee, currently rated as 10 percent disabling. 2. Entitlement to extension of temporary total disability benefits under 38 C.F.R. § 4.30, beyond December 31, 1991. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Richard E. Coppola, Associate Counsel INTRODUCTION The veteran had active service from April 1981 to May 1984. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision of February 1992 from the Montgomery, Alabama, Department of Veterans Affairs (VA) Regional Office (RO), which denied a temporary total rating in accordance with 38 C.F.R. § 4.29 (1993), temporary total disability benefits under 38 C.F.R. § 4.30 (1993), and a rating in excess of 10 percent for the service-connected left knee disorder. In March 1992, the RO awarded temporary total disability benefits effective from November 12, 1991 to December 31, 1991. The RO confirmed and continued the prior denial of an increased rating. REMAND The veteran seeks entitlement to a rating in excess of 10 percent for service-connected anterior cruciate ligament deficit of the left knee. The veteran has not been afforded an orthopedic examination of the left knee since February 1985, despite the fact that he has undergone several left knee VA surgical procedures. The most recent VA medical records reflect that he had undergone a left anterior cruciate ligament reconstruction with a middle one-third patellar tendon autograft in November 1991. The veteran has indicated that his left knee symptoms have not improved since that procedure but have increased in severity. The representative argues that the VA has a duty to assist the veteran which includes providing a current VA examination in order to determine the nature and severity of his service- connected residuals. The veteran also seeks entitlement to extension of temporary total disability benefits under 38 C.F.R. § 4.30, beyond December 31, 1991. The veteran and his representative argue that the veteran is entitled to temporary total disability benefits for an additional two months. In support of the claim is a copy of an August 1992 VA medical statement indicating that the veteran would be ready to return to work on February 12, 1992. It is not clear from that copy or the November 1991 VA hospitalization records who signed the form. Under the present circumstances, the Board finds that additional development of the evidence is necessary. Accordingly, the case is REMANDED for the following actions: 1. The veteran should specify whether he has received any inpatient and outpatient treatment for his service-connected disability since May 1992. After obtaining any needed authorization from the veteran, the RO should obtain copies of all these records, including any pertinent VA records which are not of record. Any evidence obtained should be associated with the claims folder. 2. The RO should ascertain which physician at the VA Medical Center, Birmingham, Alabama, signed the August 1992 VA medical statement indicating that the veteran would be ready to return to work on February 12, 1992. The RO should also request the original form, if available, from that facility. 3. The veteran should then be afforded a special VA orthopedic examination to determine the nature and extent of all residuals of service-connected anterior cruciate ligament deficit of the left knee. The scope of the examination should be broad enough to cover all residual conditions which are suggested by the veteran's complaints, symptoms or findings. The reported medical history should include any time lost from work due to the service-connected left knee disability. A special neurologic examination should be conducted if deemed warranted in the opinion of the examiner to determine whether any associated neurologic residuals are present. The examination(s) should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations. All necessary tests should be performed. The physician(s) must be provided the claims folder for review prior to examination. If either physician determines that there is a neurologic deficit of the left lower extremity, that physician should provide an opinion as to the etiology of such deficit and the degree of probability, if any, that such deficit is caused by or related to the service- connected knee disability. 4. When the above development has been completed, the case should be reviewed by the RO, and any issues on appeal should be adjudicated. The rating decision should reflect consideration of all potentially applicable criteria, to include consideration of the applicability of 38 C.F.R. § 3.321(b)(1). If the decision remains adverse to the veteran in any way, he and his representative should be furnished with a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions not previously provided, and reflects detailed reasons and bases for the decision. They should then be afforded the applicable time period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. 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 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) (1993).