BVA9501587 DOCKET NO. 93-13 706 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection for a hip disorder. REPRESENTATION Appellant represented by: Tennessee Department of Veterans' Affairs ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The veteran had active military service from September 1983 to October 1992. REMAND A review of the file demonstrates that the veteran, in her substantive appeal, indicated that she had been receiving treatment for her knees at the Memphis Department of Veterans Affairs (VA) Hospital subsequent to her separation from service. It does not appear that attempts have been made to obtain these records. The United States Court of Veterans Appeals has held that the duty to assist an appellant in obtaining and developing available facts and evidence to support her claim includes obtaining medical records from any source. Littke v. Derwinski, 1 Vet.App. 90 (1991). We are also of the opinion that performing an additional VA orthopedic examination of the veteran's left knee in order to determine the nature and severity of any chronic left knee disorder would be helpful in reaching a decision in this matter. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who have treated the veteran since service for any left knee disorder. After securing the necessary release, the RO should obtain copies of those records. 2. The RO should also obtain copies of all treatment records of the Memphis VA Hospital from October 1992 to the present. 3. Thereafter, the RO should schedule the veteran for a special VA orthopedic examination, by an examiner who has not previously examined the veteran, if possible, to determine the current nature and severity of any left knee disorder. The examiner is specifically requested to identify any chronic disorder of the left knee. All indicated studies, including x-rays, should be done and all findings, including those referable to functional impairment, range of motion in degrees, and pain should be reported in detail. The claims folder must be made available to the examiner prior to the examination. If a chronic left knee disorder is found to be present, the examiner is requested to render an opinion as to whether it is congenital or acquired. If the examiner determines that the disorder is congenital, he/she should express an opinion as to whether it is a disease or defect. The examiner should report his/her findings in detail and explain the rationale behind his/her opinion. After the completion of the above requested development, the RO should review the appellant's claim. If the benefits sought on appeal remain denied, a supplemental statement of the case should be given to the veteran and her representative. They should be afforded a reasonable period of time to respond. Thereafter, the case should be returned to the Board for further appellate consideration. By this remand, the Board intimates no opinion as to the ultimate outcome of this case. JOHN E. ORMOND 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).