BVA9501399 
DOCKET NO.  91-23 700     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Los Angeles,
California

THE ISSUES

1.  Entitlement to service connection for a low back disorder
secondary to service-connected postoperative residuals of a right
knee disorder.

2.  Entitlement to an evaluation in excess of 10 percent for the
postoperative residuals of a right knee disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

J. Johnston, Associate Counsel

INTRODUCTION

The veteran had active service from April 1948 to May 1952.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from an October 1989 rating decision of the Los
Angeles, California, Department of Veterans Affairs (VA) Regional
Office (RO).

REMAND

In September 1991, the Board previously remanded this case for
additional evidentiary development.  The RO was requested to
contact the veteran and obtain information regarding the fall
which the veteran contended had resulted from his
service-connected right knee disorder and to procure any private
or VA treatment records concerning the fall or which otherwise
pertained to his claimed back disorder.  There is no record
reflecting that this was accomplished.

Several falls are referred to in the claims folder.  A September
1989 VA orthopedic consult indicates the veteran had an episode
of locking three months previously and that he fell.  The report
of a December 1990 VA examination notes that his "knee went limp"
causing him to fall down, not specifying when this occurred.  The
report of VA orthopedic examination conducted in December 1993
states that the veteran's right knee apparently locked on steps
in 1985 and that he fell down.  This issue must be satisfactorily
developed before appellate review.

The case is, therefore, again REMANDED to the RO for the
following:

          1.  The RO should contact the veteran and
request him to provide specific information
regarding the fall which he alleges to have
occurred as a result of his
service-connected right knee disorder.  The
RO should request the exact date and place
that the injury took place.  If the veteran
indicates that the fall took place while he
was employed, the veteran should be
requested to provide the name and address of
his employer.  The veteran should be
requested to provide copies of any records
of emergency or other medical treatment
which he was provided immediately as a
result of this fall.  If the veteran
indicates that he did not immediately seek
medical treatment as a result of this fall,
he should be requested to provide copies of
any medical records which indicate that he
subsequently sought treatment for a back
disorder as a result of this fall at any
time remote to the fall.  On the other hand,
if the veteran is unable to obtain such
records, the RO should request the veteran
to provide the names and addresses of any
and all doctors or health care facilities
where he sought treatment for such a fall
and, after providing the necessary consent,
the RO should itself contact those agencies
and request copies of all medical records
regarding the veteran's fall.

          2.  In a statement submitted by the veteran
in conjunction with a VA Form 9, Appeal to
Board of Veterans' Appeals, received in
November 1993, the veteran submitted a
statement which indicated that he had
already submitted a magnetic resonance
imaging report from the Centinela Hospital
Medical Center regarding his back disorder.
Because no copy of this record is contained
in the claims folder, the RO should request
the veteran to again submit a copy of this
medical report or, conversely, the RO should
request the veteran to provide the necessary
information regarding the name, address and
dates of treatment with this hospital and
appropriate authorization and the RO should
directly contact the Centinela Hospital and
request copies of the veteran's treatment
records.

          3.  If the veteran indicates that the fall
in question occurred during his employment,
the veteran should be requested to indicate
whether or not he filed a claim for
workman's compensation as a result of the
fall.  Additionally, if the fall occurred
during employment, the RO should directly
contact the veteran's employer (to be
identified in Number 1 above) and, with the
veteran's assistance and consent, should
request the employer for any reports or
other accident medical records which were
created as a result of the fall.  Finally,
the RO should attempt to obtain copies of
all documentation concerning any claim for
workman's compensation which may have
resulted from the fall.  Any records
obtained should be added to the claims
folder.

          4.  The veteran should be requested to
submit copies of any medical records or
other clinical evidence which shows or tends
to show that he in fact has a back disorder
and records which show that it is causally
related to a fall which he sustained as a
result of his service-connected right knee
disorder.  If the veteran is unable to
provide copies of any of the records
requested in this remand, the RO, after
obtaining the appropriate consent for
release of information and the names and
addresses and dates of treatment of any
private doctors or health care institutions,
should directly contact those institutions
and request release of all relevant medical
records identified by the veteran.

          5.  Following completion of the above
development, the RO should review the
evidence and determine whether the veteran's
claims may be allowed.  If any benefit
sought on appeal is not granted, the veteran
and his representative should be provided
with an appropriate supplemental statement
of the case and a reasonable opportunity to
respond.  The case should then be returned
to the Board for further appellate review.

The veteran need do nothing until further notified.

          THOMAS J DANNAHER
          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).