BVA9500631 
DOCKET NO.  93-12 482     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Entitlement to an increased evaluation for traumatic arthritis of
the right knee, currently rated 30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from May 1943 to February 1946.
This appeal arises from a December 1992 rating decision which
continued a 30 percent disability evaluation for traumatic
arthritis of the right knee.

The most recent Department of Veterans Affairs examination of the
veteran was conducted in October 1991.  The veteran, in December
1992, requested an increased evaluation for his right knee
disability.  He has specifically contended that the disability
has increased in severity as, even with a leg brace, severe pain
and swelling occurs.  In support of his claim, a December 1992
report of examination was received from the veteran's physician,
Milton A. Wallace, Jr., M.D.  The most recent clinical treatment
records from Dr. Wallace currently in the claims file are dated
in August 1989.

The Board of Veterans' Appeals (Board), having reviewed the
record, finds that further development is required.  Accordingly,
the issue is being REMANDED to the originating agency for the
following action:

1.  The originating agency should contact
the veteran, through his representative, in
order to obtain written authorization for
the release of his private medical records.
After obtaining authorization, the
originating agency should request legible
copies of his treatment records dated
subsequent to August 1989 from Dr. Wallace,
Jr.  All records obtained should be
associated with the veteran's claims file.

2.  After the requested medical records
have been obtained, the originating agency
should schedule the veteran for an
orthopedic examination.  The express
purpose of this examination is to evaluate
the current severity of his right knee
disability.  All necessary tests and
studies should be conducted and clinical
manifestations should be reported in
detail.  The report should include active
and passive range of motion and include any
functional limitation due to pain.  The
examiner should be given access to the
veteran's claims file for a sufficient
period of time prior to the examination to
allow for a complete review of the record.

3.  Upon completion of the above, the
originating agency should review this
claim.  If any determination made is
unfavorable to the veteran, a supplemental
statement of the case which sets forth the
evidence received since the statement of
the case should be issued to the veteran
and his representative.

The veteran and his representative should be given the
appropriate period of time in which to respond.  Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order.  The purpose of this REMAND
is to obtain clarifying medical information and ensure all due
process.  No action is required of the veteran until he receives
further notice.

          ALBERT D. TUTERA
          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 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).