BVA9506241 
DOCKET NO.  93 - 13 365   )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUE

Entitlement to an increased evaluation for residuals of right
knee injury, status post medial meniscectomy, currently evaluated
as 10 percent disabling.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Wayne A. Tonkins, Associate Counsel
INTRODUCTION

The veteran had active military service from July 1987 to
November 1991.

This matter came before the Board of Veterans' Appeals
(hereinafter the Board) on appeal from a rating decision of the
Atlanta, Georgia, Regional Office (hereinafter RO) which assigned
a 10 percent evaluation for residuals of right knee injury,
status post medial meniscectomy.

The veteran appears, in her VA Form 1-9 received in August 1992,
to raise the issue of service connection for arthritis in her
right hip as secondary to her service connected right knee
disability.  This matter is referred to the RO for appropriate
action.

REMAND

The veteran asserts that the current evaluation for her right
knee disability does not adequately reflect its current degree of
impairment.  The veteran is noted to have indicated at her
personal hearing that she had not received any treatment by the
VA, or through private sources, for her knee since her separation
from service.  (See Pages 10-11 of hearing transcript).

A VA examination was conducted in September 1992 for compensation
and pension purposes.  However, the examiner indicated the
veteran's "C File" was not made available for review prior to the
examination.  Doctrine advanced by the United States Court of
Veterans' Appeals includes requiring that the claims file is made
available to the examiner for review so that his or her
examination will be a fully informed one with regard to the
veteran's medical history.  The examiner also indicated the
veteran was six months pregnant and therefore no x-rays were
taken.  Consistent with the statutory duty to assist the veteran
in proving her claim, 38 U.S.C.A. § 5107 (West 1991), and
opinions of the United States Court of Veterans Appeals, it is
concluded that further development is required.  The case is
REMANDED to the RO for the following:
The veteran should undergo an orthopedic
examination with reference to her service
connected right knee disability.  The
examiner must be provided the veteran's
claim file for review prior to the
examination.  The examination should be
consistent with the appropriate Physician's
Guide for Disability Evaluation
Examinations.  All diagnostic tests deemed
necessary by the examiner should be
conducted.  The examiner should express an
opinion regarding the impact of the
disability on the veteran's ability to
function.  The extent to which there is
impairment due to pain which is objectively
supported by underlying pathology should
also be discussed.

When the above development has been completed, the case should
again be reviewed by the originating agency.  If the decision
remains adverse to the veteran, she and her representative should
be furnished a Supplemental Statement of the Case and afforded a
reasonable period to respond.  Thereafter, subject to current
appellate procedures, the case should be returned to the Board
for further appellate consideration, if appropriate.

The veteran need take no action unless she is further informed.
The purpose of this REMAND is to obtain additional evidence and
no inference should be drawn regarding the final disposition of
the claim.  While regretting the delay involved in remanding this
case, it is felt that to proceed with a decision on the merits at
this time would, quite simply, not withstand Court scrutiny.

          JEFF MARTIN
          Member, Board of Veterans' Appeals

          (CONTINUED ON NEXT PAGE)
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) (1994).