BVA9505304 DOCKET NO. 92-11 838 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an extension of a total disability evaluation for convalescence beyond November 30, 1989, based on a right knee meniscectomy in October 1989. 2. Entitlement to a total rating based on unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Lori J. Wells-Green, Associate Counsel INTRODUCTION The veteran served on active duty from January 1978 to June 1979. This matter initially came to the Board of Veterans' Appeals (Board) on appeal from an April 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas, denying an extension of a total disability evaluation beyond November 30, 1989. In January 1993 the Board remanded the case for further development. While the case was in remand status, the issue of entitlement to a total rating based upon unemployability due to service-connected disabilities was also developed for appellate consideration. REMAND Initially, the Board notes that the July and August 1991 records of Thaddeus W. Hume, M.D., indicate that the veteran had applied for Social Security Administration (SSA) benefits. The record also reflects that the veteran has been evaluated by the Texas Rehab Commission and that he has been awarded VA vocational rehabilitation benefits. Neither the veteran's VA vocational rehabilitation records nor his complete records from the Social Security Administration and Texas Rehab Commission have been obtained. The Board also notes that the veteran's most recent VA orthopedic examination was performed in August 1993. In light of these circumstances, the Board is of the opinion that further development of the evidence is warranted. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should obtain all treatment records for the veteran from the VA Medical Center in Houston, Texas, dated from August 1993 to the present. 2. The RO should contact the veteran and request that he identify specific names and addresses and approximate dates of treatment for all health care providers who have treated him for right knee disability or pes planus in recent years. Then, with any necessary authorization from the veteran, the RO should attempt to obtain copies of all treatment records identified by the veteran which have not been previously secured. The veteran should also be asked to complete an up-to-date income and employment questionnaire. 3. The RO should obtain from the Social Security Administration a copy of any award of disability benefits to the veteran and any record upon which such award is based. 4. After obtaining appropriate authorization from the veteran, the RO should obtain from the Texas Rehab Commission copies of any records pertaining to evaluation or rehabilitation of the veteran. 5. The veteran's VA vocational rehabilitation records or copies thereof should be associated with the claims folder. 6. After associating with the file all records obtained pursuant to the above directives, the RO should arrange for the veteran to undergo a VA orthopedic examination by a board certified specialist, if available, to ascertain the nature and extent of any current right knee disability and/or bilateral pes planus disability. All indicated studies should be performed. The examiner should be requested to comment on the impact of the veteran's service connected disabilities on his ability to work. The veteran's claims file should be made available to the examiner prior to the examination. 7. Thereafter, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim for a total disability evaluation beyond November 30, 1989, under the provisions of 38 C.F.R. § 4.30, and readjudicate the claim of entitlement to a total rating based on unemployability. If the benefits sought on appeal are not granted to the veteran's satisfaction, a supplemental statement of the case containing adequate reasons and bases should be issued and the veteran and his representative provided an opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. SHANE A. DURKIN 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) (1994).