BVA9506407 DOCKET NO. 93-16 394 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for a left knee disability, post-arthrotomy, currently rated at 10 percent. 2. Entitlement to an increased evaluation for Henoch's purpura, with abdominal pain, currently rated at 10 percent. ATTORNEY FOR THE BOARD C. M. Flatley, Counsel INTRODUCTION The veteran had active service from April 1956 to February 1958. In his May 1993 substantive appeal, the veteran alleged entitlement to increased compensation based upon poor circulation in the legs and increased varicose veins, apparently associated with his service-connected left knee disability. It is unclear whether the veteran wishes to pursue a secondary service connection claim in this regard. The matter is referred to the regional office (RO) for appropriate action. REMAND Review of the record indicates that the veteran has submitted a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991). The Department of Veterans Affairs (VA) therefore has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a); Murphy v. Derwinski, 1 Vet.App. 78, 81-82 (1990). In this regard, the veteran has asserted that impairment associated with his left knee disability and Henoch's purpura is more severe than his current ratings reflect. A private medical statement dated in October 1992 shows complaints of decreased range of motion and instability of the left knee. No instability or appreciable limitation of motion was found on VA examination in March 1993. A private medical statement received in February 1993 also reflects a diagnosis of abdominal pain of unknown etiology. Although not accomplished, laboratory and X-ray findings were recommended. In light of the evidence of record and the veteran's assertion as to increased impairment, additional clinical data may prove helpful in the evaluation of the veteran's claim. In order to fully assist the veteran in the development of his case, therefore, and extend to the veteran every equitable consideration, the Board of Veterans' Appeals (Board) concludes that additional development is warranted. As such, this case is REMANDED for the following: 1. After any necessary information and authorization are obtained from the veteran, copies of any recent treatment records, VA or private, inpatient or outpatient, associated with the veteran's left knee disability and Henoch's purpura with abdominal pain should be obtained by the RO and incorporated into the claims folder. 2. The veteran should then be afforded special VA orthopedic and gastrointestinal examinations to determine the extent and severity of his left knee disability and Henoch's purpura with abdominal pain, respectively. The examinations should be conducted in accordance with the appropriate provisions of the VA's Physician's Guide for Disability Evaluation Examinations. All indicated studies required to identify any relevant pathology should be conducted. The examination reports should include a medical history with notation of any time lost from employment due to the disabilities at issue and a full description of the veteran's symptoms, clinical findings, and associated functional impairment. All findings should be recorded in detail. The veteran's claims folder should be provided to the examiners for review prior to the examination. 3. The RO should then review the veteran's claim, to include consideration of 38 C.F.R. § 3.321(b)(1). The veteran should then be provided with a supplemental statement of the case, which includes any additional pertinent law and regulations and a full discussion of action taken on the veteran's claim. The applicable response time should be allowed. The case should then be returned to the Board, if in order, after compliance with customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. CHARLES E. HOGEBOOM 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).