BVA9503524 DOCKET NO. 93-08 404 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to service connection for a left knee disorder. REPRESENTATION Appellant represented by: Arizona Veterans Service Commission WITNESSES AT HEARING ON APPEAL Appellant and friend ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel REMAND The veteran served on active duty from October 1977 to October 1982 and from January 1983 to October 1989. This matter came before the Board of Veterans' Appeals (Board) on appeal from a March 1992 rating decision by the Phoenix, Arizona, Regional Office (RO). The veteran seeks service connection for a left knee disorder. The veteran's claims file contains a copy of a January 1992 letter by David A. Rockwell, M.D., in which this physician stated he had seen the veteran in July 1990, at which time the veteran stated he had injured his left knee in June 1990 when he had stepped in a hole at work. Copies of Dr. Rockwell's treatment records are not included in the veteran's claims file. In testimony at a hearing conducted in August 1992, the veteran stated that his knee complaints had begun in service but that the knee injury had been further aggravated in February 1990 during job training with the North Carolina Department of Corrections. Documents of record reflect that the veteran had been employed by that Department at the Wayne Correctional facility. In light of the foregoing, this case is hereby REMANDED to the agency of original jurisdiction for the following actions: 1. The RO should contact the veteran and ask that he supply the names and addresses of all physicians who have supplied treatment for a left knee disorder since discharge from service. After obtaining the proper authorization, the RO should attempt to obtain copies of these records. These records should include both outpatient and surgical treatment records from Dr. David A. Rockwell. Of particular interest are records setting forth the veteran's history of knee complaints. All copies obtained should be associated with the veteran's claims file. 2. The RO should contact the veteran and request authorization to contact the North Carolina Department of Justice for copies of all administrative and medical records relating to injury or incapacitation of the veteran while he was employed as a correctional officer, including any period of training. All copies obtained should be associated with the veteran's claims folder. After the requested development has been completed, the veteran's claim should again be considered by the RO. Should the prior denial be confirmed, the case should be returned to the Board. No action is required of the veteran until he receives further notice. The Board intimates no opinion, either legal or factual, as to the disposition warranted in this case pending completion of the above actions. JAMES R. ANTHONY 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).