BVA9505488 
DOCKET NO.  93-12 187     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Sioux Falls,
South Dakota

THE ISSUE

Entitlement to an evaluation in excess of 10 percent for a
postoperative right knee disorder.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

ATTORNEY FOR THE BOARD

Jeffrey J. Schueler, Associate Counsel

REMAND

The veteran had active duty from September 1954 to November 1957.

By history recorded in service, the veteran sustained two
preservice knee injuries and subsequently had residual impairment
consisting of occasional episodes of locking and swelling.  On
induction examination, clinical evaluation of the lower
extremities was normal.  In July 1957 the veteran sustained a
right knee injury.  The initial diagnosis was internal
derangement right knee, torn medial meniscus.  Subsequently,
after surgical intervention in September 1957, the diagnosis was
changed to derangement, right knee, surgical removal of
fragmented cartilage, medial femoral condyle.

By a rating decision in May 1958, service connection was
established for residuals of removal of cartilage from the right
knee.  The RO determined that the injury and surgery in service
represented an aggravation of preexisting right knee disability.
The disorder was rated 10 percent disabling and has remained so
ever since.  The veteran also injured his right knee in a
December 1962 motor vehicle accident.  On Department of Veterans
Affairs (VA) examination in February 1992, increased disability
of the right knee was reported.  The RO denied the veteran's
claim for an increased rating based on a finding that increased
right knee symptomatology was attributable to the postservice
motor vehicle accident rather than the service-connected right
knee disability.

In an August 1993 statement, the veteran's accredited
representative requested that the case be remanded to the RO for
a VA orthopedic examination, with an opinion specifying the
nature and degree of disability attributable to each injury and
how that differentiation was made.  The Board of Veterans'
Appeals (Board) concurs with the representative that additional
development in the form of a VA orthopedic with an opinion on the
nature, degree, and etiology of current right knee pathology is
required.

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to his claim, the case is REMANDED
to the RO for the following:

1.  The RO should request that the veteran
supply the names and addresses of any
individuals or facilities, whether VA or
private, which provided him treatment for a
right knee disability since February 1992,
and the dates of such treatment.  After
receiving proper authorization from the
veteran, if necessary, the RO should obtain
copies of complete clinical records of such
treatment and associate them with the
claims folder.

2.  The veteran should be afforded a VA
orthopedic examination to determine the
nature and severity of his service-
connected right knee disability.  The
claims folder should be made available to
the examiner for review before the
examination.  The examiner should review
the records reporting the preservice and
postservice right knee injuries and
treatment as well as the service medical
records.  The examination should be
conducted in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations (1985).  All appropriate
testing should be conducted, and all
findings should be reported in detail.  The
examiner should specifically express an
opinion as to what current right knee
pathology is attributable to the injury in
service and what pathology is due to
intervening causes.

3.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
the benefit sought remains denied, the
appellant and his representative should be
furnished an appropriate supplemental
statement of the case and given ample
opportunity to respond.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action until he is
notified.

          GEORGE R. SENYK
          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).