BVA9500893 
DOCKET NO.  93-11 609     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Denver,
Colorado

THE ISSUE

Entitlement to an increased (compensable) evaluation for
residuals of a left ankle injury with degenerative joint disease.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

M. Auer, Counsel

REMAND

The veteran served on active duty from May 1981 to December 1991.

This appeal arises from an April 1992 rating decision of the
Department of Veterans Affairs (VA), Denver, Colorado, Regional
Office (RO).  In that decision, service connection for residuals
of a left ankle injury with degenerative joint disease was
granted, and a noncompensable evaluation was established.  The
award of service connection was based upon a review of the
veteran's service medical records.  A VA examination was not
performed.

In a statement dated in March 1993, the veteran indicated that a
brace had been prescribed for his left ankle.  It appears that
other medical records may be available.

The VA has a duty to assist the veteran in the development of
facts pertinent to his claim under 38 C.F.R. § 3.103(a) (1993).
The United States Court of Veterans Appeals (Court) has held that
fulfillment of the VA's duty to assist the veteran includes the
procurement and consideration of any relevant medical records of
which the VA has notice even when the veteran does not
specifically request that such records be procured.  Ivey v.
Derwinski, 2 Vet.App. 320, 323 (1992).  The Court has also held
that fulfillment of the VA's duty to assist the veteran includes
providing him with a thorough and contemporaneous medical
examination.  Littke v. Derwinski, 1 Vet.App. 90, 92 (1990).

The Board finds that the actions ordered below are
warranted even though the development will further delay
the entry of a final decision in this appeal.  Accordingly,
the claim is REMANDED for the following actions:

1.  The RO should contact the veteran and
ask him to furnish the names and addresses
of all medical personnel and facilities
from whom he has received treatment for
residuals of a left ankle injury with
degenerative joint disease since his
discharge from

service.  After obtaining the necessary
authorization from the veteran, the RO
should obtain available records from the
named sources.

2.  The RO should obtain any available
treatment records from the VA hospitals or
medical centers where the veteran has
received treatment since December 1991.

3.  A VA orthopedic examination should be
arranged to determine the extent and
severity of the veteran's residuals of a
left ankle injury with degenerative joint
disease.  The examination should be
conducted in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations (1985).  The examiner should
set forth detailed findings regarding
limitation of motion and any other
functional loss caused by residuals of a
left ankle injury with degenerative joint
disease.  The examiner should also describe
any functional loss the veteran may
experience as a result of pain, weakness or
fatigability.  The claims folder, or copies
of all pertinent records, should be made
available to the examiner for  review.

The RO should then review the veteran's claims in light of all
the evidence and applicable legal criteria.  If his claim remains
denied, the veteran and his representative should be provided
with a supplemental statement of the case that includes any
additional pertinent law and regulations and a full discussion of
the evidence in his case.  The appropriate response time should
be allowed.  The case should be returned to the Board, if in
order, after compliance with all regulatory appellate procedures.
No action is required of the veteran until he is so informed.

The Board intimates no opinion as to the ultimate decision
warranted in this case, pending completion of the requested
development.

          ALBERT D. TUTERA
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).