BVA9506315 DOCKET NO. 93-11 166 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota THE ISSUE Entitlement to an increased rating for the service-connected residuals of a right medial meniscectomy, currently rated as 10 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran. INTRODUCTION The veteran had active duty from March 1973 to May 1983. This matter comes on appeal to the Board of Veterans' Appeals (Board) on appeal from a July 1992 RO decision which reduced to the rating assigned for the service-connected right knee disorder from 20 to 10 percent, effective on October 1, 1992. The 20 percent rating had been in effect since October 25, 1990. An April 1993 rating decision denied entitlement to service connection for a low back disorder. This matter has not been developed for appellate review and is referred back to the RO for appropriate action. REMAND The veteran feels that the recent reduction in his rating from 20 to 10 percent was unfair because he is experiencing the same symptoms. He notes that the knee has a tendency to give out and causes him to fall. The veteran's representative feels that the recent rating examination was inadequate for the purpose of reducing the rating and requests that another evaluation be performed to determine the severity of the service-connected condition. The Board also requests that records referable to any recent treatment be obtained for review. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should take appropriate steps to obtain copies of all clinical records dealing with treatment received by the veteran for his service- connected right knee disorder since 1992. After the RO obtains these records, they should be incorporated into the claims folder. 2. The veteran should be afforded a VA orthopedic examination in order to ascertain the current severity of the service-connected right knee disorder. All indicated testing should be done in this regard. The claims folder should be made available to the examiner for review before the examination, and the examiner should record detailed clinical findings, including actual range of motion measurements. The evaluation should be performed in accordance with the provisions of the VA's Physician's Guide for Disability Evaluation Examinations (IB 11- 56, March 1, 1985). Based on his evaluation and review of the evidence of record, the examiner should state whether the veteran is experiencing any degree of instability, actual cartilage dislocation, episodes of locking, effusion or functional limitation as the result of the service- connected right knee disorder. 3. After the development requested above has been completed to the extent possible, the RO should again review the veteran's claim. If the benefit sought on appeal remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the 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 unless otherwise notified. STEPHEN L. WILKINS 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).