BVA9502723 DOCKET NO. 93-07 510 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUE Entitlement to an increased rating for a left knee disability, currently rated 20 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from June 1941 to September 1945. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 1992 rating action by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. The veteran asserts, in essence, that his left knee disability warrants a higher rating. The Board observes that the current claim does not include a thorough and contemporaneous medical examination of the left knee to permit an informed decision. In May 1992, a VA examination was accomplished, but the record shows that the veteran was confined to a wheel chair and that the examiner was unable to conduct a complete examination. When the veteran was seen in December 1992 at a VA Medical Center, he was able to walk at least some distance with a cane, but he was considered to be a candidate for a total knee replacement and was scheduled to return to the clinic in six months. Further, the Board observes that the issue of secondary service connection for a left fibula fracture has been reasonably raised in this appeal in connection with the increased rating claim. In essence, the veteran has asserted that the fracture was sustained in a fall caused when his left knee gave out. The VA is required to adjudicate those issues which are reasonably raised by a liberal reading of the documents and testimony submitted by a claimant and any inextricably intertwined issues prior to a final Board decision. See, EF v. Derwinski, 1 Vet.App. 324 (1991); Harris v. Derwinski, 1 Vet.App. 180 (1991). 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, the case is REMANDED to the (RO) for the following development: 1. The RO should obtain all VA treatment records for the veteran's left lower extremity since December 1992 and associated all such records with the claims folder. 2. The RO should also assist the veteran in obtaining any other records from medical care providers who treated the veteran recently for his left knee disability and the fracture of the left fibula since November 1991. 3. The veteran should then be afforded a VA orthopedic examination to determine the current severity of his service-connected left knee disability. The claims folder should be made available to the examiner for review in connection with the examination. All functional impairment should be reported to provide for accurate and informed adjudication of the veteran's claim. The examiner should also be requested to give an opinion, based upon a review of the material in the claims file, as to degree of probability, if any, that the left fibula fracture was caused by the service-connected left knee disability. The examiner should also provide the rationale for any opinion offered. 4. After the development requested above has been completed to the extent possible, the RO should again review the claim for an increased rating for a left knee disability. The RO should also adjudicate the claim for secondary service connection for a fracture of the left fibula. The veteran and his representative should then be furnished a supplemental statement of the case and given the applicable time to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. 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 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 Improvement 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).