BVA9502800 DOCKET NO. 93-22 641 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection of a right knee disorder. 2. Entitlement to service connection for a left knee disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel REMAND The veteran had active military service from September 1981 to September 1984. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a November 1991 rating decision of the Nashville, Tennessee Regional Office (hereinafter "the RO") which denied service connection for both a right knee disorder and a left knee disorder. In February 1994, the Board remanded this appeal to the RO for further development of the record including scheduling a Department of Veterans Affairs (hereinafter "VA") orthopedic examination for compensation purposes. The requested evaluation was scheduled for September 1994 but ultimately canceled after the veteran failed to report. The veteran has been represented throughout this appeal by the Veterans of Foreign Wars of the United States. A January 1995 Report of Contact from the accredited representative indicates that the veteran had reported separating from his wife; leaving his residence of record and receiving no recent VA correspondence including notice of the September 1994 VA examination for compensation purposes. The accredited representative has submitted the veteran's current address and requests that this appeal be again remanded in order to reschedule the VA examination for compensation purposes. Given these facts and in light of the accredited representative's statement, the Board concludes that an additional attempt should be made to schedule the requested examination. Accordingly, this case is REMANDED for the following action: The RO should again schedule the veteran for a VA orthopedic examination in order to determine the current nature and severity of his right knee and left knee disorders, if any. The examination should be conducted in accordance with the Physician's Guide to Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The claims folder should be made available to the examiner prior to the examination. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. JEFF MARTIN 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).