BVA9502450 
DOCKET NO.  93-09 037     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Lincoln,
Nebraska

THE ISSUES

1.  Entitlement to an increased rating for postoperative
residuals of a right knee disability, currently evaluated as 10
percent disabling.

2.  Entitlement to an increased rating for chondromalacia of the
left patella, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant  had active duty from October 1986 to August 1990.

This appeal arises from a September 1991 rating decision of the
Lincoln, Nebraska, regional office (RO).  In that decision,
secondary service connection for chondromalacia of the left
patella was granted and a 10 percent rating for the appellant's
right knee disability was continued.  In August 1992, a RO
hearing officer increased the evaluation assigned for
chondromalacia of the left patella from noncompensable to 10
percent disabling.  The appellant's local representative has
indicated that this was considered to be a partial grant of the
benefits sought, whereas the national representative has
indicated that this is unclear.

A December 1991 Department of Veterans Affairs (VA) outpatient
clinic progress note shows surgery, apparently for removal of
hardware from the appellant's right knee, was scheduled for
February 12, 1992.  A January 1992 entry shows that the surgery
was rescheduled for February 5, 1992.  At a hearing conducted at
the RO in April 1992, the appellant testified that the surgery
had been scheduled for some date in the future, a date which he
did not identify.  It would be helpful to know the postoperative
status of the right knee.

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 RO for the following development:

1.  The RO should ascertain the date of
surgery for removal of hardware from the
appellant's right knee and should obtain
these records, if available, for
association with the claims file.

2.  The appellant should be asked to
clarify whether he is appealing the grant
of a 10 percent evaluation for
chondromalacia of the left patella or is
satisfied with the evaluation and wishes to
withdraw his appeal.

3.  The appellant should be afforded a VA
orthopedic examination to determine the
current extent of postoperative residuals
of a right knee disability.  If indicated
pursuant to the appellant's response to
number 2, above, the examination should
include evaluation of the current status of
chondromalacia of the left patella.  The
claims folder should be made available to
the examiner for in connection with the
examination.  The knee disabilities should
be considered in light of the medical
history and any recent time lost from
employment due to the knee disabilities
should be noted.  Clinical findings should
be reported in detail, to include any
limitation of range of motion, weakness or
knee joint instability.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  The
appellant and representative should be furnished a supplemental
statement of the case and given the applicable opportunity 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 appellant need take no action
until he is so notified.

          CHARLES E. HOGEBOOM
          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 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) (1993).