BVA9501561 
DOCKET NO.  93-08 897     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased rating for status post anterior
cruciate ligament reconstruction of the left knee, currently
evaluated as 10 percent disabling, to include restoration of a 20
percent evaluation.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had active duty from February 1983 to June 1986.  A
left knee disability rating increase from 10 percent to 20
percent was granted by a rating decision in November 1991.  In a
rating action of August 1992, the regional office (RO) granted a
temporary total rating based on postsurgical convalescence, with
the rating reduced to the 20 percent level, effective from August
1992.  The appellant appeals a March 1993 rating decision which
reduced the schedular rating for the left knee disability to 10
percent, effective from June 1993.

Upon review of the clinical evidence, the Board of Veterans'
Appeals (Board) notes that the examination of the appellant by
the Department of Veterans Affairs (VA) in October 1991 showed
marked instability of the left knee whereas examination in
September 1992 did not.  However, the appellant alleges that the
latter examination was conducted too soon after reconstruction
surgery in June 1992, further claiming that his doctor and
physical therapist have stated to him the "fact" that the
repaired ligament is at its strongest during the first 120-150
days after surgery and that it loosens up afterwards.  He claims
that additional examination will show increased laxity of the
knee.  Neither the RO nor the Board can rely on its own medical
judgment in this regard.  Accordingly, the Board believes that an
additional examination for disability evaluation would be
helpful.

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is REMANDED
to the RO for the following development:

The veteran should be afforded a VA
orthopedic examination to determine the
current extent of left knee impairment.
Clinical findings should be recorded in
detail, with particular attention paid to
the level of subluxation or lateral
instability.  The claims folder should be
made available to the examiner for review
before the examination.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If any
benefit sought on appeal remains denied, the appellant and
representative should be furnished a supplemental statement of
the case and given the opportunity to reply.  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.

          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).