BVA9505831 
DOCKET NO.  93-14 810     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Juan,
Puerto Rico

THE ISSUE

Entitlement to an increased evaluation for residuals of trauma to
the right knee, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Moises Rivera Colon, Attorney-
at-Law

WITNESSES AT HEARING ON APPEAL

The appellant and his spouse

ATTORNEY FOR THE BOARD

Robert E. O'Brien, Counsel

REMAND

The veteran had active service from March 1983 to March 1986.

This case comes before the Board of Veterans' Appeals (Board) on
appeal from an October 1991 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto
Rico, which confirmed and continued a 10 percent rating for the
veteran's right knee disability.

The veteran has not been accorded a rating examination with
regard to his right knee disability since August 1991.  At a
hearing in March 1993, the veteran indicated that his right knee
symptoms had increased in severity.  The Board also notes that in
testimony given at the March 1993 hearing, the veteran stated
that he had been seen on several occasions during the past
several years at the Satellite Clinic in Ponce.  There is no
recent medical evidence of record from that facility.

The Board further notes that not all the pertinent evidence has
been translated from Spanish into English.

In view of the foregoing, the Board believes that additional
development is desirable and the case is REMANDED for the
following actions:

1.  The RO should contact the veteran and
request that he provide the names and
addresses of any health care providers who
have treated him for his right knee
disability in the recent past, specifying
the approximate dates of treatment, if
possible.  Then, after any necessary
authorization is obtained from him, the RO
should obtain copies of any treatment
records identified.  The RO should also
obtain and associate with the claims file
copies of any outpatient treatment records
pertaining to the veteran at the VA
Satellite Clinic in Ponce, Puerto Rico, in
the past several years.

2.  A VA orthopedic examination should be
arranged to determine the extent and
severity of the veteran's right knee
disability.  The examination should be
conducted in accordance with the VA's
Physician's Guide for Disability Evaluation
Examinations.  The examiner should set
forth detailed findings regarding
limitation of motion and any other
functional loss caused by residuals of the
trauma to the right knee.  Active and
passive ranges of motion, in terms of
degrees, with the comparison of the
opposite side should be reported.  The
presence or absence of painful motion must
be reported.  The examiner should also
describe any functional loss the veteran
may experience as a result of pain,
weakness, or fatigability.  The claims
folder, or copies of all pertinent records,
should be made available to the examiner
for review.

3.  Following completion of the foregoing,
the RO must review the claims folder and
ensure that the forgoing development has
been completed in full.  Additionally, it
should ensure that all pertinent evidence
is translated into English.  When the
requested development is fully completed,
the RO should readjudicate the veteran's
claim.  The rating decision should reflect
consideration of 38 C.F.R. § 3.321(b)(1).

If the benefit sought is not granted to the veteran's
satisfaction, he and his representative should be furnished with
a supplemental statement of the case.  They should then be
afforded the applicable time in which to respond.  Thereafter,
subject to current appellate procedures, the case should be
returned to the Board for further appellate consideration, if
otherwise in order.  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.  The
Board intimates no opinion as to any final outcome warranted.

          GARY L. GICK
          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 deter-
mination.  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) (1994).