BVA9505367 DOCKET NO. 93-12 444 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an increased evaluation for residuals of a left knee gunshot wound, with traumatic arthritis and residuals of a meniscectomy, currently evaluated as 10 percent disabling. 2. Entitlement to a total disability evaluation based on individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran INTRODUCTION The veteran served on active duty from June 1967 to February 1969, and from March 1970 to May 1976. This appeal arises from a July 1990 rating decision of the Department of Veterans Affairs (VA) Houston, Texas Regional Office (RO). The Board of Veterans’ Appeals (Board) notes that the RO in June 1993, certified the issue of entitlement to service connection for right knee arthritis, status post osteotomy, secondary to the veteran’s service connected left knee disorder, for appellate review. That benefit, however, was granted in a September 1991 rating decision. Accordingly, this matter is moot, and the Board does not have jurisdiction over this question. 38 U.S.C.A. § 7104 (West 1991). REMAND On review of the claims folder the Board notes that the veteran has reported service since 1976 as a member of the Texas National Guard. Unfortunately, no attempt has been made to verify what service the veteran has performed with the National Guard, or to obtain any service medical records which may be available. Accordingly, further development is warranted prior to any action by the Board. Further development is also warranted in light of the veteran’s claim of entitlement to service connection for a back disorder on both direct and secondary bases. In this regard, the Board observes that service connection for this disability was denied in a January 1993 rating decision. In February 1993, however, the veteran filed what should have been construed as a notice of disagreement, and the record shows that to date a supplemental statement of the case concerning this issue has yet to be issued. As the claim of entitlement to service connection for a back disorder is inextricably intertwined with the claim of entitlement to individual unemployability benefits, further action is required. Action is also required in light of the veteran’s April 15, 1993, communication to the RO. In this respect, in a March 1993 "deferred" rating decision the RO "denied" service connection for scars, residuals of a thigh disorder, migraine headaches and bronchial asthma. The veteran was informed of that action in an April 12, 1993, letter from the RO. He was also told that if he had any additional evidence to submit pertaining to those disorders that he should so inform the RO. In response, the veteran on April 15, 1993, informed the RO that there were additional records available at the VA Medical Centers in San Antonio, and Victoria Texas. Unfortunately, no follow up development has been conducted by the RO since. Finally, further development is warranted in light of the veteran’s report that he is receiving Social Security disability benefits. In this regard, the United States Court of Veterans Appeals held in Murincsak v. Derwinski, 2 Vet.App. 363 (1992), that the medical records upon which the Social Security Administration granted disability benefits are pertinent to a claim of unemployability. While the claims folder shows that a Social Security Disability Hearing Officer’s decision is of record, the claims file does not reflect that any effort has been undertaken to secure the medical records upon which the Social Security Administration granted benefits. Hence, further action is required. Therefore this case is REMANDED for the following action: 1. The RO should contact the National Guard as well as the National Personnel Records Center, and attempt to verify the veteran’s service as a member of the Texas National Guard, and secure any and all available medical records. 2. The RO should contact the VA medical center and outpatient clinics in Victoria and San Antonio, Texas, and request that they provide photocopies of any records pertaining to either outpatient or inpatient treatment provided to the veteran since his separation from active duty. 3. The RO should contact the Social Security Administration, and request that they provide photocopies of any and all medical records which provided the bases for their award of disability benefits to the veteran. 4. After all of the foregoing development has been completed, and any records received added to the claims file, the RO should schedule the veteran for VA general medical and orthopedic examinations. These studies are to determine the nature and extent of any service connected knee disorder which may be present; whether it is at least as likely as not that the veteran’s back disorder, if extant, was caused by his service connected bilateral knee disabilities; and to determine the degree of industrial impairment caused by each of the veteran’s service connected disorders. These examinations must be conducted in accordance with the VA Physician’s Guide for Disability Evaluation Examinations, and all indicated tests and studies should be accomplished. The claims folder must be made available to and reviewed by the examiners prior to the examination. 5. Following the completion of the foregoing the RO should review the claims file to ensure that all of the foregoing development has been completed in full. If the development is not fully complete, appropriate corrective action is to be taken. Thereafter, the case should be returned to the Board, if otherwise in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. DEREK R. BROWN 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).