BVA9502539 DOCKET NO. 90-18 120 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to secondary service connection for a left knee disorder. REPRESENTATION Appellant represented by: D. C. Daniel, Jr., attorney WITNESS AT HEARINGS ON APPEAL The veteran ATTORNEY FOR THE BOARD Richard V. Chamberlain, Counsel INTRODUCTION The veteran served on active duty from June 1974 to August 1985. This case came to the Board of Veterans' Appeals (Board) from a November 1989 decision by the Nashville, Tennessee, Regional Office (RO) of the Department of Veterans Affairs (VA) which denied a reopened claim for secondary service connection for a left knee disorder (claimed as secondary to a service-connected right knee disability). In a June 1993 decision, the Board denied the claim. The veteran then appealed to the United States Court of Veterans Appeals (Court), and he appointed D. C. Daniel, Jr., attorney at law, to provide further representation in connection with the claim. In a November 1994 joint motion to the Court, the parties requested that the June 1993 Board decision be vacated and the case remanded for further development and readjudication. In a November 1994 order, the Court granted the parties' motion, and the case was thereafter returned to the Board. In December 1994 the Board asked the veteran's attorney whether he wanted to submit additional written argument, and such was submitted later that month. REMAND Copies of the November 1994 joint motion and Court order have been placed in the veteran's claims folder. These documents require further action by the RO, and thus the case is REMANDED for the following: 1. The RO should instruct the veteran to prepare a detailed list (names, addresses, and dates) of all VA or non-VA medical treatment or examination he has received for problems with either knee since his August 1985 discharge from service. The RO should then obtain copies of all identified records not already in the claims folder. The RO should assure that the records obtained include those of reported treatment and a doctors opinion on secondary service connection, from the VA Medical Center (VAMC) in Murfreesboro, Tennessee. (Such records are apparently from 1986, are referenced in the veteran's July 15, 1986 statement in support of claim, and are specifically referred to in the November 1994 joint motion of the parties which was submitted to the Court.) The RO should also assure that it obtains records from the VAMC in San Antonio, Texas. (Such records are apparently from 1986, are referenced in the transcript of the veteran's February 1990 RO hearing, and are specifically referred to in the November 1994 joint motion of the parties which was submitted to the Court. References to the "Sanantonion Medical Center" apparently mean the San Antonio VAMC. See list of treatment sources on the veteran's August 1986 VA compensation examination, October 1986 RO deferred rating decision, and October 1986 request for records on VA Forms 10-7131.) 2. After all the above records are obtained and added to the claims folder, the RO should have the veteran undergo a VA compensation examination to determine the nature and etiology of a left knee disorder. The claims folder must be made available to and reviewed by the examiner. All indicated tests should be performed, and the doctor should diagnose all current left knee disorders. Following examination and review of the historical records, the doctor should provide a medical opinion on whether or not the veteran's service- connected right knee disability is the etiological cause of a current left knee disorder(s); the doctor should set forth in detail the rationale for his/her opinion. Thereafter, the RO should review the claim for secondary service connection for a left knee disorder. If the claim is denied, the veteran and his attorney should be issued a supplemental statement of the case and given an opportunity to respond. Then the case should be returned to the Board. L. W. TOBIN 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).