BVA9500856 
DOCKET NO.  93-02 304     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Paul,
Minnesota

THE ISSUE

Entitlement to an increased disability rating for a left knee
disorder, currently evaluated 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

J. F. Gussio,  Associate Counsel

INTRODUCTION

The veteran had active duty from August 1968 to February 1972.

This appeal to the Board of Veterans' Appeals (Board) arises from
an August 1991 rating decision by the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.

REMAND

Since the filing of the most recent statement of the case in
December 1992, the Board has received additional treatment
records from the veteran that are pertinent to his claim.  These
records were not reviewed by the RO.  38 C.F.R. § 20.1304 (c)
provides that any pertinent evidence accepted at the Board
without the benefit of RO consideration must be accompanied by a
written waiver.  A written waiver of RO consideration was not
submitted by the veteran.  Accordingly, there is a due process
deficiency.

To ensure full compliance with due process requirements, the case
is REMANDED to the RO for the following development:

The RO should review the veteran's claim in
light of the additional treatment records
received at the Board.  If the benefit
sought remains denied, a supplemental
statement of the case should be furnished
to the veteran and his representative; and
they should be afforded ample opportunity
to respond.  Thereafter, the case should be
returned to the Board for further appellate
consideration.  The veteran should also be
advised that the submission of any further
pertinent records directly to the Board
without waiver of RO consideration may
result in further due process development.

By this REMAND, the Board intimates no opinion as to the final
outcome warranted.  No action is required of the veteran until he
is contacted by the RO.

(CONTINUED ON NEXT PAGE)

          J. U. JOHNSON
          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).