BVA9501766 DOCKET NO. 93-19 143 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUE Entitlement to an increased evaluation for degenerative arthritis of the knees and elbows, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Military Order of the Purple Heart WITNESS AT HEARING ON APPEAL Appellant INTRODUCTION The veteran served on active duty from May 1948 to February 1950, July 1966 to December 1968, and October 1971 to July 1981. REMAND The issue before the Board of Veterans' Appeals (Board) is entitlement to an increased evaluation for arthritis of the knees and elbows. Our initial review of the claims file has disclosed that X-ray studies of the veteran's knees have shown arthritis, but the most recent X-rays of the veteran's elbows, taken in 1981, were not interpreted as showing the presence of arthritis. In addition, it appears that the Department of Veterans Affairs (VA) examiner in December 1992 did not use the VA Physician's Guide for Disability Evaluation Examinations. Therefore, the Board is of the opinion that another examination is warranted. Accordingly, the case is remanded to the regional office (RO) for the following actions: 1. After the necessary information and authorization are obtained from the veteran, copies of all treatment records for the veteran's knees or elbows, VA or private, inpatient or outpatient, since December 1992, should be obtained by the RO and added to the claims file. 2. After the foregoing has been accomplished to the extent possible, the veteran should be scheduled for a special VA orthopedic examination to determine the presence and extent of any arthritis of his knees or elbows. The examination must include an X-ray study of the veteran's elbows and the interpreting physician should be asked to make a specific finding concerning the presence or absence of arthritis. The orthopedic examination must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations and the range of motion of each knee and each elbow should be reported in degrees of arc. The examiner should specify the range of motion that is considered the normal range of motion for most individuals, and make a specific finding as to whether any limitation of motion that the veteran may have is due to joint or periarticular pathology, as opposed to a range of motion that may be less than what is considered normal for most individuals, but would be considered normal for this veteran. The claims file must be made available to the examiner for study prior to the examination. If, after RO review, the decision is still adverse to the veteran, a supplemental statement of the case should be issued and the veteran and his representative afforded an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration. By this remand, the Board intimates no opinion as to the ultimate determination warranted in this case. No action is required of the veteran until he us otherwise notified. WILLIAM J. REDDY 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).