BVA9504369 DOCKET NO. 93-09 334 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to service connection for a chronic left knee disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel REMAND The veteran had active duty from August 1986 to August 1990. A July 1992 rating decision of the Phoenix, Arizona Regional Office (RO) of the Department of Veterans Affairs (VA) denied service connection for a left knee disability. This appeal to the Board of Veterans' Appeals (Board) stems from that action. Service medical records disclose episodes of left knee pain associated with athletic activity, and the assessment in one instance was that the veteran had experienced knee sprain. Postservice medical records reflect a reported twisting injury to the left knee in October 1991 during sports. A VA examiner indicated the possibility of chronic anterior collateral ligament deficiency involving the left knee. Magnetic resonance imaging of the left knee revealed torn ligaments and post-traumatic contusion of the femoral condyles. Reconstructive surgery of the left anterior collateral ligament was performed in February 1992. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for any knee disabilities at any time prior to and since service. After securing the necessary release, the RO should obtain these records. 2. After completion of the above development, the veteran should be accorded a VA examination by a board-certified orthopedist, if available, to determine the nature and extent of current left knee disability. The examination should be conducted by a physician other than the physician who examined the veteran in February 1992. The examiner should be specifically requested to provide an opinion as to a relationship, if any, between manifestations of damage to the left knee, first documented following an apparent postservice twisting injury, and left knee symptoms noted during service. The claims folder should be made available to the examiner for review before the examination. 3. After RO review, if the decision remains adverse to the veteran, a supplemental statement of the case should be furnished and he and his representative provided an opportunity for response. 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 appellant need take no action unless otherwise notified. D. C. SPICKLER 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).