BVA9501913 
DOCKET NO.  93-11 568     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Entitlement to an increased disability rating for a chronic
pulmonary disease, currently evaluated as 30 percent disabling.

2.  Entitlement to an increased (compensable) disability
evaluation for chondromalacia of the right knee.

3.  Entitlement to an increased (compensable) disability
evaluation for chondromalacia of the left knee.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARINGS ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

R. M. Yonemoto, Counsel

INTRODUCTION

The veteran had active service from October 1972 to September
1975.

This case comes before the Board of Veterans' Appeals (Board) on
appeal from rating decisions of July 1991 and May 1992 by the
Department of Veterans Affairs (VA), Regional Office (RO) in
St. Petersburg, Florida.  A hearing was held in January 1994 by a
member of the Board.

REMAND

A rating action of March 1976 granted service connection for
asthma.  In a rating decision of May 1981, the RO recharacterized
the service-connected pulmonary condition as chronic obstructive
pulmonary disease.

The veteran argues that he has had frequent episodes of asthmatic
attacks which impair his ability to work.  At a personal hearing
on appeal in the RO in April 1992, he testified that he was
employed as a probation officer for the State of Florida and that
his pulmonary condition impaired his ability to work.  During a
hearing at the Board in January 1994, his representative pointed
out that the veteran had not received full consideration of his
claim because his treatment records since June 1992 were not in
the claims folder.  The veteran indicated that he was currently
receiving treatment at the VA Allergy and Primary Care Clinic in
Tampa, Florida.  These treatment records, however, are not on
file.

The veteran also asserted that he had not had a comprehensive VA
examination of his service-connected knee disability.  At the
latest hearing, he stated that there was a mistake in scheduling
him for a disorder not pertinent herein instead for his service-
connected knee disability.

In view of the foregoing, the Board is of the opinion that the
veteran's case should be REMANDED to the RO for the following
actions:

1.  The RO should attempt to obtain and
associate with the claims folder copies of
recent treatment reports, not already on
file, including those referred to above.
The veteran should be requested to assist
in this matter.

2.  The RO should also obtain and associate
with the claims folder copies of the
records on the veteran's work attendance
from the State of Florida Office of
Probation Officers.  The veteran should be
requested to provide any releases necessary
to obtain those records.

3.  The RO should schedule the veteran for
a special VA orthopedic examination to
determine the severity and extent of his
service-connected bilateral chondromalacia.
The examination should be conducted in
accordance with the Physician's Guide for
Disability Evaluation Examinations.  The
examiner should be requested to determine
whether there is pain on motion.  All
indicated laboratory studies and tests
should be conducted.  The claims folder
should be made available to the examiner
prior to the examination in order to obtain
a true picture of the veteran's knee
condition.

4.  The RO should again schedule the
veteran for a special VA pulmonary
examination to determine the nature,
severity and extent of his service-
connected pulmonary disability.  The
examination should be conducted in
accordance with the Physician's Guide for
Disability Evaluation Examinations.  All
indicated laboratory studies, including
pulmonary function tests and spirometry,
should be conducted.  The examiner should
be requested to provide an opinion as to
the extent of impairment, especially with
respect to manual labor, as reflected by
the clinical and laboratory findings.  The
claims folder should be made available to
the examiner prior to the examination for
his or her use in obtaining an overall
picture of the veteran's service-connected
pulmonary impairment.

When the above development is completed, the case should be
reviewed by the RO.  If the decision remains adverse to the
veteran, he and his representative should be furnished a
supplemental statement of the case and be afforded an opportunity
to respond thereto.  The case should then be returned to the
Board for further appellate consideration.  No action is required
of the veteran until he receives further notice.  The purpose of
this REMAND is to procure clarifying data.

          J. U. JOHNSON
          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).