BVA9503602 
DOCKET NO.  93-07 483     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUES

1.  Entitlement to an increased rating for a left knee
disability, currently evaluated as 20 percent disabling.

2.  Entitlement to an increased rating for a right ankle
disability, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Constance C. Hickey, Associate Counsel

INTRODUCTION

The veteran had active service from January 1943 to October 1945.

This appeal to the Board of Veterans' Appeals (Board) arises from
the November 1990 rating decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in Nashville, Tennessee which
denied increased ratings for a left knee disability, currently
evaluated as 20 percent disabling, and a right ankle disability,
currently evaluated as 10 percent disabling.

REMAND

On initial review of the record the Board notes a VA compensation
examination was conducted in August 1992.  The report of that
examination, an October 1982 VA outpatient record, and the
summary of a 1984 private hospitalization were all received by
the RO subsequent to the last rating decision and the
supplemental statement of the case, but before the claims folder
was transferred to the Board.  Although the August 1992 VA
examination was obtained in conjunction with another claim (which
is not before the Board), the examination was comprehensive and
included evaluations of the service connected disabilities
currently at issue.  The 1982 outpatient report was not
previously of record, but the 1984 hospital summary appears to be
a duplicate of a document already in the record.

According to the provisions of 38 C.F.R. § 19.37(a) (1993)
evidence received by the agency of original jurisdiction prior to
transfer of the records to the Board must be referred to the
appropriate rating or authorization activity for review and
disposition.  A supplemental statement of the case must be
provided, unless the additional evidence is irrelevant to the
issue(s) on appeal, or duplicate evidence which was previously of
record and had been addressed in a previous statement of the
case.  Therefore, the case must be remanded for the RO's
consideration of the additional evidence.  In light of the
passage of time since the August 1992 VA examination, the RO
should consider on remand whether an additional examination is
required.  Accordingly, the case is REMANDED for the following
actions:

1.  The RO should obtain all up-to-date
treatment records, private and VA,
pertaining to the veteran's service
connected left knee and right ankle
disabilities.  All records received should
be associated with the claims folder.

2.  The RO should then make a
determination as to whether the veteran
should be provided an additional VA
compensation examination to assess the
current status of his service connected
disabilities.

3.  After all requested development is
completed, the RO should again review the
veteran's claims for an increased
evaluation for his left knee and right
ankle disabilities, in the light of all
evidence of record.  Consideration should
be given to the provisions of 38 C.F.R.
§§ 4.10, 4.40 (1993).  If action taken
remains adverse to the veteran, the RO
should  provide the veteran and his
representative a supplemental statement of
the case containing a recitation of all
new evidence and that developed subsequent
to the supplemental statement of the case,
a citation to the relevant law and
regulations, and a statement of the
reasons for actions taken.  An appropriate
period of time should be provided for
response.

Thereafter, the case should be returned to the Board for further
appellate consideration, if otherwise in order.  The Board
intimates no opinion, either legal or factual, as to the ultimate
outcome in this case.  The veteran need take no action unless
notified by the RO.

          N. R. ROBIN
          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).