BVA9502985 DOCKET NO. 92-16 815 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUES 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection for a back disorder. 3. Entitlement to an increased rating for varicose veins of the left leg, currently evaluated as 20 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Frank L. Christian, Counsel INTRODUCTION The veteran served on active duty from September 1944 to July 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of March 1992 from the Department of Veterans Affairs (VA) Regional Office (RO) in Hartford, Connecticut. REMAND The appellant has specifically contended that his currently manifested back disorder and left knee disorder are caused by his service-connected varicose veins of the left leg. This case was previously before the Board in September 1993, and was Remanded to the RO for additional development of the medical evidence of record, to include a current VA examination by appropriate specialists to determine the severity of the disorders at issue and to obtain an opinion as to any etiological or causal relationship between the veteran's service-connected varicose veins of the left leg and any back or knee disorder found to be present. Upon return of the case to the Board, it was found that the report of VA orthopedic examination in October 1993 did not contain the requested opinion as to an etiological or causal relationship between the service-connected varicose veins of the left leg and the claimed back and left knee disorders. Since the veteran's appeal is predicated upon the assertion of a specific causal relationship between the service-connected varicose veins of the left leg and the claimed back and left knee disorders, additional development of the evidence is warranted. The Board further notes that, following the VA examination of October 1993, a rating decision of January 1994 granted an increased rating of 20 percent for the veteran's service- connected varicose veins of the left leg. That action did not abrogate the veteran's appeal for an increased rating. However, in order to conserve RO and Board resources, the RO should ask the veteran to state whether the increased evaluation for his service-connected varicose veins of the left leg satisfies his appeal with respect to this issue. Based upon the foregoing, the case is again REMANDED to the RO for the following: 1. The RO should return the veteran's claims file, including the report of VA orthopedic examination in October 1993, to the examining VA medical facility with a request that the physician who conducted the October 1993 orthopedic examination review the medical evidence in the file in its entirety. Thereafter, he should again be asked to express an opinion as to any etiological or causal relationship between the veteran's service-connected varicose veins and any back or knee disorder found. 2. Following completion of the foregoing, the RO must review the claims file and ensure that the requested development has been completed in full prior to returning the claims file to the Board. Upon completion of the above requested actions, the case should be reviewed by the RO. If the veteran's claims remain denied, a supplemental statement of the case should be issued and the veteran and his representative should be afforded a reasonable opportunity in which to respond. Thereafter, the case, with the additional evidence requested, should be returned to the Board for further appellate review. J. U. JOHNSON 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).