BVA9504016 
DOCKET NO.  93-07 159     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Denver,
Colorado

THE ISSUES

Entitlement to an increased (compensable) disability evaluation
of right patellar tendinitis.

Entitlement to an increased (compensable) disability evaluation
for left Achilles tendinitis.

REPRESENTATION

Appellant represented by: Colorado Department of Social
Services

ATTORNEY FOR THE BOARD

R. M. Yonemoto, Counsel

INTRODUCTION

The veteran had active service from July 1983 to November 1990.

This case comes before the Board of Veterans' Appeals (Board)
from a January 1992 rating decision by the Department of Veterans
Affairs (VA) Regional Office (RO) in Denver, Colorado.

REMAND

In October 1991, the veteran had a VA examination of his right
patellar tendinitis.  It is noted, however, that a radiographic
study of his right knee was not performed.

In a statement of December 1992, the veteran's representative
requested an extension to present further evidence.  He added
that an examination had been scheduled for the veteran in
January, and that the information from that examination would be
needed for the veteran's appeal.  Currently, the veteran's claims
folder does not contain the January 1993 examination report.

In view of the foregoing and in an effort to afford the veteran
every administrative consideration of his claims, the Board
REMANDS the case for the following actions:

1.  The RO should obtain and associate with
the claims file copies of the examination
report of January 1993, if it was performed
as scheduled, as well as any other clinical
notes and medical reports, not already on
file, showing treatment of the veteran for
right patellar tendinitis and left Achilles
tendinitis.  The veteran should be
requested to assist in this matter.

2.  The RO should schedule the veteran for
a special orthopedic examination to
determine the extent and severity of his
service-connected right knee and left ankle
tendinitis.  The examiner should identify
all abnormalities of the right knee and
left ankle and should specify the
pathology, or diagnosis, responsible for
each abnormality.  The examination should
be conducted in accordance with the
Physician's Guide for Disability Evaluation
Examinations.  The claims folder should be
made available to the examiner prior to the
examination for use in obtaining a true
picture of the veteran's left foot and
right knee disabilities in question and in
constructing an overall picture which is
commensurate with the facts available.

When the above development is completed, the case should be
reviewed by the RO.  If the decision remains adverse to the
veteran, he and his representative should be furnished a
supplemental statement of the case and be afforded a reasonable
opportunity to respond thereto.  Thereafter, the case should be
returned to the Board for further appellate consideration.  No
action is required of the veteran until he receives further
notice.  The purpose of this REMAND is to procure clarifying data
and to satisfy due process requirements.

          WILLIAM J. REDDY
          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).