BVA9505378 DOCKET NO. 93-01 219 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for heart disease. 2. Entitlement to an increased evaluation for right knee disability, currently rated as 10 percent disabling. 3. Entitlement to an increased evaluation for left knee disability, currently rated as 10 percent disabling. 4. Entitlement to an increased evaluation for back disability, currently rated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty from May 1983 to October 1990. The Board of Veterans' Appeals (Board) remanded this case to the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan in August 1993 to attempt to obtain private records of treatment for heart disease. Letters were sent to two private health care providers on behalf of the veteran in May 1994, but no response was received from either provider. REMAND A review of the claims file reveals that, as noted on behalf of the veteran in February 1995, the veteran has not had a VA compensation examination of her service-connected disabilities since December 1990, and no clinical evidence dated after August 1992 is on file. VA outpatient records for January 1991 note positive straight leg raising, bilaterally, at 30 degrees and knee limitation of motion, which indicate a possible increase in disability since December 1990, when straight leg raising was negative to 90 degrees. Consequently, the Board agrees with the contention on behalf of the veteran in February 1995 that a current examination of the veteran's service-connected disabilities should be obtained. Therefore, this case is REMANDED to the RO for the following development: 1. The veteran should be permitted to submit any additional evidence that is pertinent to the issues on appeal. She should also be requested to provide the names, addresses, and approximate dates of treatment of all health care providers who have treated her in recent years for knee, or back disability or since service for heart disease. When the requested information and any necessary authorization have been received, the RO should attempt to obtain copies of all indicated records, including from those contacted in May 1994, and associate them with the claims file. 2. After the above, the veteran should be afforded special cardiovascular and orthopedic examinations by board certified specialists, if available, to determine the nature and severity of any current heart disease, including a heart murmur, and the severity of her service-connected knee and back disabilities. All necessary tests and studies should be conducted, including x- rays, and all findings should be reported in detail. If heart disease is found, the examiner should offer an opinion as to whether it is at least as likely as not that the disease is causally related to the veteran's cardiac symptoms noted in service. The rationale for all opinions expressed should be fully explained. The claims folder must be made available to each examiner for review before examination of the veteran. When the above actions have been completed, the case should again be reviewed by the RO. If the benefits sought are not granted to the veteran's satisfaction, a supplemental statement of the case should be issued and the veteran and her representative should be given an opportunity to respond. The case should then be returned to the Board. The veteran need take no action until notified. ROBERT E. SULLIVAN 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) (1994).