BVA9505437 DOCKET NO. 93-12 925 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an increased evaluation for osteochondritis of the left knee with secondary degenerative changes, currently evaluated as 10 percent disabling. 2. Entitlement to an increased (compensable) evaluation for bilateral defective hearing. REPRESENTATION Appellant represented by: Texas Veterans Commission ATTORNEY FOR THE BOARD Alice A. Booher, Counsel INTRODUCTION The veteran had active service from August 1956 to August 1960. This appeal is from a rating action by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas, in July 1990. At the time of the VA examination in 1989, the veteran was described as having sensorineural hearing loss with associated tinnitus. Based on that diagnosis, there is an inferred claim for service connection for tinnitus. That issue is referred to the RO for initial consideration. REMAND The veteran's last formal VA orthopedic examination of record was in 1983 when he was described as having crepitance, pain, puffiness and a tendency of the knee to give-way. X-rays showed moderate degenerative arthritis with slight narrowing of the medial joint space. The examiner diagnosed osteochondritis of the left knee with secondary degenerative changes, and opined that "the process appears to be progressive." The veteran reopened his claim in 1989, indicating that his left knee had become worse and that he had been seen as a VA outpatient. Since the 1983 VA examination, there are only a few outpatient treatment records pertaining to the veteran's left knee and they are inadequate to assess the status of his knee disability. It is noted, incidentally, that when he was seen in March 1990, the physician, mistakenly believing that the veteran's knee disability was "NSC," stated that the veteran would be seen again in six months, but if he had not lost weight by then he would not be seen again. In correspondence received in February 1993, the veteran indicated that he was not working, having been laid off from work; it is unclear whether he is alleging that his service- connected disabilities were involved. He also stated that he had been taking prescription medication for his left knee when he required emergency care for an allergic reaction at a private facility, (Memorial Hospital, SW), and had been unable to take pain medicine since then. Based on the evidence of record, the Board of Veterans' Appeals (Board) finds that additional development of the evidence is warranted. The case is REMANDED for the following actions: 1. Copies of complete VA outpatient treatment records since March 1990 from the Houston VA Medical Center should be acquired and attached to the claims folder. 2. The veteran should be requested to submit or identify evidence of treatment or evaluation of his left knee or hearing disorder by private physicians since March 1990, and to clarify and document any claimed time lost from work or termination of employment due to service-connected disabilities. With the veteran's consent, the RO should obtain any evidence identified and the records from the veteran's care at Memorial Hospital, SW. 3. Thereafter, but in any event, the veteran should be examined by a VA orthopedist who has not previously seen him, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the nature and manifestations of his service-connected left knee disability. All necessary tests and studies should be accomplished, including X-ray studies of the left knee. The examiner should be aked to delineate range of left knee motion in degrees of arc and fully assess any left knee instability. The claims folder and a separate copy of this remand must be made available to the examiner prior to evaluation of the veteran's case. 4. Inasmuch as the veteran's hearing acuity has not been evaluated since 1989, he should be afforded an audiometric examination. 5. The case should then be reviewed by the RO, with consideration of 38 C.F.R. §§ 3.321 and 4.7. If the decision remains adverse, a Supplemental Statement of the Case should be issued, and the veteran and his representative should be afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The veteran need do nothing further until he is so informed. JANE E. SHARP 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) (1994).