BVA9500108 DOCKET NO. 92-55 433 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Wichita, Kansas THE ISSUES 1. Entitlement to service connection for a left hip disability. 2. Entitlement to service connection for a left knee disability. 3. Entitlement to service connection for defective hearing. 4. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESSES AT HEARING ON APPEAL The appellant and his wife ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from December 1940 to September 1945. The Board of Veterans' Appeals (Board) remanded this case in September 1992 and April 1994. REMAND The Board sent this case to the RO for further development of the medical record on two previous occasions. The Board has asked on both occasions for a review of the record and an opinion as to the etiology of the veteran's left knee and left hip disabilities. The Board provided, on both occasions, a brief review of the medical record, emphasizing enumerated opinions and requesting an assessment after a full review of the record as to whether those opinions were supported by the medical evidence. Briefly, S. S. Ellis, M.D., opined in August 1976 that the veteran's left hip disability was due to a motorcycle accident in which the veteran was involved in 1945. J. W. Wilson, M.D., opined in November 1989 that the veteran's left knee disability is due to an injury in March 1945, during a motorcycle accident. A VA examiner in January 1993 opined that the veteran's left hip pain may have originated prior to the artificial knee replacement with a history of trauma to the hip in "1947" motorcycle accidents. These three opinions do not appear to be based on a full review of the medical record. However, the Board does not have independent medical expertise and believes that a fully informed medical opinion, based on a full review of the record, is desirable before entering an appellate determination with respect to the claims for service connection for a left knee and left hip disability. The Board notes that the veteran's representative has requested further development of the medical record. (The other matters are held in abeyance.) In light of the forgoing, this case is REMANDED to the RO for the following: 1. The RO should insure that the claims file is reviewed by an orthopedist for VA in order to render an opinion as to the nature and etiology, including the time of onset, of any left knee and left hip disability. The examiner should be specifically directed to consider the entire record, not merely the synopses provided by the Board in the two earlier remands. The examiner should be aware of the disabilities that are already service connected and also should render an opinion as to the medical probability of any left knee and left hip disabilities being related to a service-connected disability. If the examiner does not agree with the opinions already of record, the specific factual bases should be set forth, including the rationale for disagreement. Similarly, if the examiner agrees with those opinions, the specific factual reason for doing so and a rationale supporting that agreement should be provided. The examiner should review the earlier remands to make sure that the report is fully responsive to the medical questions that have been enunciated. 2. The RO should take adjudicatory action based on the evidence obtained pursuant to the development sought above. If the benefits sought by the veteran are not granted, a supplemental statement of the case should be prepared. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case, the claims folder should be returned to this Board for further appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of the remand is to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. BARBARA B. COPELAND 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) (1993).