BVA9502115 
DOCKET NO.  93-08 005     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased evaluation for a right knee
condition.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Anthony D. Dokurno, Associate Counsel

INTRODUCTION

The veteran performed active military service from October 1953
to October 1955.  This matter comes to the Board of Veterans'
Appeals (Board) on appeal from a March 1992 rating decision by
the Department of Veterans Affairs (VA) Regional Office (RO),
which denied an increased evaluation for the veteran's right knee
condition.

The Board notes that his notice of disagreement of April 1992 the
veteran referred to degenerative joint disease of the right knee
as part of his service connected pathology.  In correspondence
dated November 1992, the veteran requested, in effect, that a
five inch scar on the medial aspect of the right be recognized as
part of his service connected disability.  Upon review of the
record, the Board notes that the prior rating actions and the
decision of the hearing officer of December 1992 have treated the
scar and the degenerative joint disease as part and parcel of the
service connected disorder for rating purposes.

REMAND

Initially, the Board has found the veteran's claim is well
grounded, 38 U.S.C.A. § 5107 (West 1991), in that his claim is
meritorious on its own or capable of substantiation.  Murphy v.
Derwinski, 1 Vet.App. 78 (1990).  The finding is based on the
veteran's assertion that his service-connected right knee
disability has increased in severity.  Proscelle v. Derwinski, 2
Vet.App. 629 (1992).

The most recent VA examination for compensation purposes was
conducted in January 1992.  During the veteran's hearing at the
RO in November 1992, he testified that his right knee symptoms
had increased in severity and that the knee now frequently gave
way as he walked.  He also testified that he continues to receive
treatment for his right knee disability at a VA outpatient
clinic.  The veteran indicated that he underwent an examination
of his right knee at the outpatient clinic 30 to 60 days before
the RO hearing was convened.  The Board is of the opinion that
these records would be of assistance in rendering a decision in
this case.

The VA has a duty to assist a veteran in the development of facts
pertinent to his or her claim.  38 U.S.C.A. 5107(a).  The duty to
assist a veteran in obtaining and developing available facts and
evidence to support a claim includes obtaining adequate VA
examinations.  Littke v. Derwinski, 1 Vet.App. 90 (1990).  In
light of the above, additional and potentially relevant medical
records appear to exist.  Accordingly, the VA's duty under
38 U.S.C.A. § 5107(a) to assist the veteran in the development of
facts pertinent to his claim mandates that this case must be
REMANDED to the RO for the following actions:

1.  The RO should directly contact the VA
outpatient clinic at Ft. Myers, Florida to
obtain copies of the veteran's treatment
records for the period of October 1991 to
the present.

2.  Following the above, a VA examination
should be conducted by an orthopedist, to
determine the nature and severity of the
service-connected right knee disability.
All testing, including x-rays deemed
necessary, should be performed.  The
examination should comport with the
Physician's Guide for Disability Evalu-
ation Examinations, Chapter 2.  The claims
folder must be made available to the
examiner for review in conjunction with
the examination.  After reviewing the
claims file and conducting the
examination, the examiner should render an
opinion regarding the nature and severity
of the veteran's right knee disorder.  The
Board requests that the examiner
particularly comment on the presence or
absence of visible symptoms of pain,
weakness or disuse resulting from the
service-connected knee pathology.

3.  Thereafter, the RO should readjudicate
the issue listed on the title page and
issue a supplemental statement of the case
if the benefit sought on appeal is not
granted to the veteran's satisfaction.
The RO should specifically address whether
or not separate ratings may be assigned
for any service connected pathology of the
right knee, including scarring and
degenerative joint disease.  The veteran
and his representative should be provided
an opportunity to respond.  Thereafter,
the case should be returned to the Board
for further consideration, if otherwise
warranted.

By this REMAND, the Board intimates no opinion regarding any
final outcome.  The veteran is not required to perform any
action until he is notified by the RO.

          RICHARD B. FRANK
          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).