BVA9507812 DOCKET NO. 93-07 121 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to service connection for a right knee disability as secondary to the appellant's service-connected left knee disability. 2. Entitlement to an increased rating for a postoperative left knee meniscectomy disability, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. Lawson, Counsel INTRODUCTION The appellant, a veteran, appears to have served honorably on active duty from September 1962 to November 1984. The Cleveland, Ohio Department of Veterans Affairs (VA) Regional Office (RO) denied the benefits sought, and the appellant appealed. The Board remanded the case to the RO in October 1993. REMAND The appellant contends that his service-connected left knee would not support him when he hit his right knee with a kick starter and injured it in April 1992. He has received VA evaluations and treatment for his left knee disability in the past at the Cincinnati and Chillicothe, Ohio, VA Medical Centers and may be continuing to receive them. The VA should assist him by obtaining and incorporating into the claims folder copies of any VA medical records of knee treatment received since 1990. Additionally, the report of the VA orthopedic examination that was conducted in February 1994 does not contain clinical findings relating to the presence and extent or absence of left knee instability, weakness, pain on motion and use, swelling, crepitus, or locking, or as to the appellant's ability to squat and heel and toe walk. Another VA orthopedic examination report with such entries reflecting clinical evaluation for these would be helpful. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should request the appellant to indicate where he has received either VA or private treatment for his left knee disability since 1990, and the RO should then obtain and incorporate such records into the claims folder to the extent that it does not already contain them. 2. A VA orthopedic examination should be conducted to determine the extent and severity of the appellant's service-connected left knee disability and the limitations of function imposed thereby. All pertinent indicated tests and studies should be conducted, and the results thereof should be reported in detail, in accordance with the VA Physician's Guide for Disability Evaluation Examinations (IB 11-56 (1985)). Clinical findings should include, but not necessarily be limited to, the degree of/extent of ability to perform: Active and passive range of motion, squatting, heel and toe walking, recurrent subluxation, instability, weakness, atrophy, pain on motion and use, swelling, crepitus, and locking. Description of the appellant's gait and any limp and whether the left knee disability requires a cane or other prosthetic device should also be recorded. The claims folder and a copy of this decision should be made available to the orthopedist prior to the examination. Thereafter, the case should again be reviewed by the RO, and then the case should be returned to this Board in accordance with the usual appellate procedures. No action is required of the appellant until he is further informed. The purpose of this REMAND is to assist the appellant. No inference is to be drawn regarding the final disposition of the claim. SAMUEL W. WARNER 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).