BVA9505980 DOCKET NO. 92-18 199 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for arthritis of the right hip. 2. Entitlement to an increased rating for left knee strain with arthritic changes, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel INTRODUCTION The veteran had active service from November 1942 to April 1946, and from March 1951 to March 1952. This matter comes before the Board of Veterans' Appeals (Board) on appeal from April and June 1992 decisions by the Department of Veterans Affairs (VA) Regional Office in Montgomery, Alabama (RO), which held that there was no new and material evidence to reopen the veteran's claims for service connection for arthritis of the left knee and right hip, and denied an increased rating for the veteran's service-connected left knee strain, respectively. Following the Board's January 1994 remand an April 1994 rating decision granted service connection for degenerative arthritis of the left knee, and assigned a 10 percent evaluation. This rating action also held that new and material evidence had been presented to reopen a claim for service connection for arthritis of the right hip, but continued to deny service connection for that disability. REMAND It is contended that the veteran's service-connected left knee disability is more disabling than currently evaluated. It is asserted that the veteran experiences instability and pain with respect to the left knee. It is also asserted that the veteran's right hip disability was caused because the veteran had to favor his service-connected left knee disability, causing a weight shift and greater stress to be placed upon the right hip. It is asserted that the grant of service connection for degenerative arthritis of the knee, in effect, grants service connection for all joints which are arthritic. In reviewing the record, the Board notes that in addition to active service during World War II, the veteran apparently also had active service during the Korean Conflict. The record does not indicate any attempt to secure service medical records pertaining to this service. In order to afford the veteran every consideration, and help him prove his claim, any available service records must be obtained. Thus regrettably final appellate decision must be deferring pending further development. Accordingly, the case is being REMANDED for the following action: The RO should seek any available service medical records pertaining to the veteran's active Air Force service from March 1951 to March 1952. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to the supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is further development. No inference should be drawn from it regarding the final disposition of the veteran's claim. E. W. SEERY 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).