BVA9505669 
DOCKET NO.  93-15 441     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Los Angeles,
California

THE ISSUE

Entitlement to an increased rating for residuals of shell
fragment wound, left leg, with fracture of the head of the
fibula, involving Muscle Group XII, with flexors of the knee
severed, evaluated as 40 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

INTRODUCTION

The appellant served on active duty from July 1942 to November
1945.

This appeal arises from a March 1991 decision of the Department
of Veterans Affairs (VA) Los Angeles, California, Regional Office
(RO), denying an increased rating for residuals of shell fragment
wound, left leg, with fracture of the head of the fibula,
involving Muscle Group XII, with flexors of the knee severed.

REMAND

A review of the claims folder reveals that the veteran was
hospitalized on three occasions in early 1992.  Prior to that
time, he had not been afforded a comprehensive VA medical
examination of the leg since 1949.  Following the three
hospitalizations, he has not been afforded an orthopedic
examination of the left lower extremity.  The veteran's
representative has argued that the shrapnel wound involved the
knee joint, and therefore, the amputation rule (38 C.F.R. § 4.68)
is inapplicable.

The VA has a duty to assist the appellant in the development of
facts pertinent to the claim.  38 U.S.C.A. § 5107(a) (West 1991).
As there has been no thorough orthopedic evaluation in a number
of years, there exists a need to evaluate the veteran prior to
adjudication of the claim.

The case is REMANDED for the following:

1.  The veteran is to be contacted and
requested to provide the names and
addresses of any physician and/or medical
facility where he has received treatment
of the left lower extremity.  He should be
requested to sign the appropriate
releases.  The RO is to contact the
appropriate parties and obtain from them
copies of their records regarding the
veteran's treatment.

2.  The RO is to obtain and associate with
the claims folder copies of the veteran's
VA outpatient treatment records.

3.  Once the requested records have been
obtained, the veteran is to be afforded VA
orthopedic and neurological examination of
the left lower extremity.  All indicated
tests and studies are to be performed.
The examiners are requested to describe in
detail the extent of impairment of the
left knee resulting from the service-
incurred shrapnel wound.  The claims
folder must be made available to and
reviewed by the examiners prior to the
examination for use in the study of the
case.

4.  Following completion of the
development, the RO is to review the
claim.  If the claim remains denied, the
veteran and his representative should be
furnished a supplemental statement of the
case.  They should be afforded the
appropriate period of time within which to
respond thereto, at their option, as
provided by governing regulation.

Thereafter, if the claim is denied, the case should be returned
to the Board after compliance with all requisite appellate
procedures.

RENÉE M. PELLETIER
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).