BVA9504896 
DOCKET NO.  93-15 030     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Newark, New
Jersey

THE ISSUE

Entitlement to an increased rating for a left knee disability,
currently rated 10 percent disabling.

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

INTRODUCTION

The veteran had active service from November 1975 to June 1976.
This matter comes before the Board of Veterans' Appeals (Board)
from an April 1992 decision of the Department of Veterans Affairs
(VA) Regional Office (RO) in Newark, New Jersey.

The Board observes that in written communications to the RO in
connection with this appeal, the veteran has reasonably raised
additional issues of service connection for a right hand
disability and depression secondary to his left knee disability.
The RO has not, as yet, responded.  These matters are referred to
the RO for appropriate action.

REMAND

The Board notes that on an April 1992 VA examination, the veteran
reported current private medical treatment for his left knee.  He
completed an authorization for the release of recent medical
information, but it does not appear that any action was taken by
the RO to obtain these records.

To ensure that the 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, further development is
warranted.  Accordingly, the case is REMANDED to the RO for the
following actions:

1.  The RO should obtain the names and
addresses of all medical care providers who
treated the veteran for his left knee
disability in recent years.  After securing
the necessary release, the RO should obtain
these records, including recent records
from Dr. Obade, 414 Tatum Street, Woodbury,
NJ 08096.

2.  The veteran should then be afforded a
VA orthopedic examination to determine the
current severity of his left knee
disability, including any instability or
limitation of range of motion.  The claims
folder should be made available to the
examiner for review before the examination.
A medical history should be reported with
notation of any time lost from employment
due to the service-connected left knee
disability.  All pertinent complaints
should be recorded and evaluated.  All
indicated studies should be performed.  The
examiner should render an opinion as to the
effect, if any, that left knee disability
has on the veteran's ability to work.  The
examiner should provide the rationale for
all opinions expressed

3.  Then, in light of the evidence obtained
pursuant to the requested development, the
RO should readjudicate the claim for an
increased rating for a left knee
disability.  The rating for the left knee
disability should reflect consideration of
the provisions of 38 C.F.R. § 3.321(b)(1).

A supplemental statement of the case should then be prepared and
furnished to the veteran and his representative.  They should be
provided the applicable period in which to respond.  Thereafter,
in accordance with the proper appellate procedures, the case
should be returned to the Board for further appellate review, if
otherwise in order.  In taking this action, the Board implies no
conclusion, either legal or factual, as to any final outcome
warranted.  No action is required of the veteran until he is
otherwise notified by the RO.

          CHARLES E. HOGEBOOM
          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 deter-
mination.  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).