BVA9500340 DOCKET NO. 93-08 906 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES Entitlement to service connection for a low back disability. Entitlement to an increased evaluation for the residuals of a left knee injury, currently rated 20 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and spouse ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel INTRODUCTION The veteran had active service from February 1963 to December 1964. This appeal arises from an August 1991 rating decision which denied service connection for a low back disability and increased the disability evaluation for the residuals of a left knee injury from 10 percent to 20 percent. The veteran has initiated a claim for a permanent and total disability rating for pension purposes. This issue is referred to the originating agency for appropriate action. At an October 1992 hearing on appeal, pursuant to the veteran's request, the issue of a total rating for compensation purposes based on individual unemployability was withdrawn. REMAND The veteran's spouse, at the hearing on appeal, related that the veteran had back problems when she married him in 1963 and that these problems have persisted. The veteran has asserted that his back was injured in the same parachute jump which caused his knee injury. At his hearing on appeal, he indicated that he was being treated for his left knee disability at the Department of Veterans Affairs (VA) Medical Center, Cincinnati. The most recent VA outpatient treatment records in the claims file are dated in January 1991. On VA examination in February 1991, subluxation of the left knee and relaxation of the anterior cruciate, medial and lateral ligaments were found. The knee was noted to be quite loose. However, when the veteran was examined in August 1992, the findings were limited and the knee was found to be stable. The Board of Veterans' Appeals (Board), having reviewed the record, finds that further development is required. Accordingly, the issues are being REMANDED to the originating agency for the following action: 1. The originating agency should contact the veteran, through his representative, in order to obtain written authorization for the release of any medical records pertaining to treatment of his low back disability. After obtaining authorization, the originating agency should request legible copies of these treatment records. All records obtained should be associated with the veteran's claims file. 2. The originating agency should request legible copies of the veteran's treatment records dated subsequent to January 1991 from the VA Medical Center, Cincinnati. All records obtained should be associated with the veteran's claims file. 3. After the medical records have been obtained, the veteran should be scheduled for an examination by an orthopedist. The express purpose of this examination is to identify the current residuals of the left knee injury and evaluate their severity. All clinical manifestations attributable to this disability should be reported in detail. All necessary tests and studies should be accomplished. The examiner should be given a sufficient period of time prior to the examination to allow for a complete review of the claims file. 4. Upon completion of the above, the originating agency should review these claims. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the January 1993 supplemental statement of the case should be issued to the veteran and his representative. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. The purpose of this REMAND is to obtain clarifying medical information and ensure all due process. No action is required of the veteran until he receives further notice. ALBERT D. TUTERA 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).