BVA9500771 DOCKET NO. 93-11 127 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUES 1. Entitlement to an increased disability rating for arthritis of the knees and lumbosacral spine, currently evaluated as 20 percent disabling. 2. Entitlement to a total rating for compensation purposes based on individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Anna Bryant, Counsel INTRODUCTION The veteran had active military service from September 1963 to February 1975 and from March 1979 to October 1987. This matter came before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision of the Seattle, Washington, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claims seeking an increased disability evaluation for his service-connected arthritis of the knees and lumbosacral spine and a total rating for compensation purposes based on individual unemployability. Initially, the veteran had requested a personal hearing in connection with this appeal. However, while he was notified of a scheduled hearing on April 21, 1993, he failed to report at the appointed time and place. REMAND The veteran and his representative contend that an increased disability evaluation is warranted for the veteran's service- connected arthritis of the knees and lumbosacral spine. On VA examination in March 1992, the veteran pointed out that he suffers from recurring swelling in his knees and pain in the lower back, exacerbated by prolonged standing and sitting. In this regard, he essentially maintains that the symptomatology attributable to his service-connected arthritis severely restricts his ability to maintain gainful employment and, consequently, assignment of a total rating based on individual unemployability is warranted. The accredited representative has advanced contentions that a special orthopedic examination should be undertaken in order to assess the current severity of the veteran's service-connected arthritis, as well as his ability to maintain gainful employment. Under the circumstances of this case, the Board concludes that additional medical development of the record would be beneficial prior to appellate disposition. Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following action: 1. The veteran should be requested to identify all sources of recent medical treatment received for his service- connected disabilities, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA source he identifies. Copies of the medical records from all sources he identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should request that a VA social and industrial survey be conducted in order to obtain information regarding the veteran's employment history. Documentation of the veteran's efforts to obtain employment and rejection thereof, past employment and reasons for termination and reports of any medical evaluations conducted in connection with the veteran's application for Social Security benefits, as well as all other sources of income, if any, should be obtained and associated with the veteran's claims folder. 3. Following completion of the above development, The RO should schedule the veteran for a comprehensive medical examination to assess the nature, severity, and manifestations of his service-connected disabilities. The examination should include an orthopedic examination to determine the current degree of severity associated with the veteran's arthritis of the knees and lumbosacral spine. Any indicated specialized tests, including X- ray studies, should be performed and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations. Range of motion studies in all directions should be indicated. Any functional limitation due to pain should be reported. The claims folder should be made available and reviewed by the examiner prior to the examination of the veteran. After the above development has been completed, the RO should review the evidence and determine whether the veteran's claims may now be granted. If either determination remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions and reflects detailed reasons and bases for the decision reached. The veteran and his representative should be given the opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order, following appropriate appellate procedures. The purpose of the REMAND is to further develop the record. The Board does not intimate any opinion, either factual or legal, as to the ultimate disposition warranted in this case. 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).