BVA9502927 
DOCKET NO.  93-11 723     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas

THE ISSUE

Entitlement to an increased evaluation for residuals of a right
knee fracture with traumatic arthritis, currently evaluated as 10
percent disabling.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

L. Jennifer Lane

REMAND

The veteran had active duty from August 1958 to October 1962.

At the Regional Office (RO) hearing in July 1992, the veteran's
representative raised the issue of whether a peroneal nerve
injury was secondary to the veteran's service-connected right
knee disability.  The veteran was subsequently afforded VA
orthopedic and neurological examinations to determine what if any
relationship existed between the veteran's service-connected
right knee disability and the right perineal nerve injury.
Additionally, the hearing officer's decision dated in September
1992 and a supplemental statement of the case issued in October
1992 show that the RO considered VA examiners' opinions in July
1992 as to whether any peroneal nerve injury was a component of
the service-connected knee disability in evaluating that
disability.  However, the issue of entitlement to service
connection for peroneal nerve injury secondary to service-
connected residuals of a right knee fracture with traumatic
arthritis has not been adjudicated.

Inasmuch as the claim for secondary service connection is
"inextricably intertwined" with the current appeal, the RO should
formally adjudicate the issue of entitlement to service
connection for peroneal nerve injury secondary to residuals of a
right knee fracture with traumatic arthritis prior to the Board
issuing a decision in this case.  The veteran should subsequently
be notified of said decision and provided with his appellate
rights.

To ensure full compliance with due process requirements, the case
is REMANDED to the RO for the following development:

The RO should take appropriate adjudicative
action on the issue of entitlement to
service connection for peroneal nerve
injury secondary to residuals of a right
knee fracture with traumatic arthritis and
provide the veteran and his representative
notice of the determination and the right
to appeal.  If a timely notice of
disagreement is filed, the veteran and his
representative should be furnished with a
statement of the case, which includes the
laws and regulations pertinent to the
issues of service connection and secondary
service connection, and afforded a
reasonable time period to respond thereto.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The veteran need take no action unless otherwise
notified.

          U. R. POWELL
          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).