BVA9502491 
DOCKET NO.  93-09 262     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Houston, Texas

THE ISSUE

Whether new and material evidence has been presented to reopen a
claim of entitlement to service connection for a left knee
disorder.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Brian J. Milmoe, Counsel

REMAND

The veteran served on active duty from February 1943 to October
1943.

In March 1945, the Department of Veterans Affairs (VA) Regional
Office (RO) in Montgomery, Alabama, denied entitlement of the
veteran to service connection for a left knee disorder, on the
basis that such disability had clearly and unmistakably pre-
existed service and underwent no inservice aggravation.  The
veteran was advised of the denial by the RO's correspondence in
March 1945, but he initiated no  timely appeal.

In a VA Form 1-646, Statement of Accredited Representative in
Appealed Case, of March 1993, the veteran's representative
appears to have attempted to raise the issue of clear and
unmistakable error (CUE) in the RO's determination of March 1945,
although it is apparent that such issue has not to date been
addressed by the RO.  Also, the veteran in connection with an
earlier attempt to reopen set forth the names and addresses of
physicians, all reportedly deceased, and non-physicians who were
familiar with his left knee problems during the time frame from
1942 to 1989.  Efforts to secure pertinent information from those
sources were not undertaken previously, and in light of the VA's
statutory obligation to assist all claimants in the development
of facts pertinent to their claims, further action is deemed
warranted.

Accordingly, the instant case is remanded to the RO in Houston,
Texas, for the completion of the following actions:

1.  The RO should contact in writing those
non-physicians, listed on page 3 of VA Form
21-526, Veteran's Application for
Compensation or Pension, filed in August
1989, as well as the appropriate authority,
be it a family member, former medical
partner, or applicable medical society, in
order to obtain medical records compiled by
the deceased physicians noted in the
aforementioned application and/or other
information pertinent to the veteran's
claim of entitlement to service connection
for a left knee disorder.  The non-
physicians should be requested to advise VA
of the date they became acquainted with the
veteran and asked to provide any personal
observations as to their knowledge of the
date of onset of any left knee injury
suffered by the veteran before, during, and
after service, and the aftermath of any
such injury.  Once obtained, that evidence
should be made a part of the veteran's
claims folder.

2.  The RO should formally adjudicate the
veteran's allegation of clear and
unmistakable error in the March 1945
determination, denying service connection
for a left knee disorder.  If such claim is
denied, the veteran and his representative
should be informed in writing and the
veteran should be notified of his appellate
rights.

Thereafter, the record should be reviewed in its entirety by the
RO and the certified issue should be readjudicated.  If the
action taken remains adverse to the veteran in any way, he and
his representative should be provided a supplemental statement of
the case.  They should then be afforded a reasonable period of
time in which to respond.  The case should then be returned to
the Board of Veterans' Appeals for further appellate
consideration.

          BRUCE KANNEE
          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).