BVA9500961 
DOCKET NO.  93-08 039     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Indianapolis,
Indiana

THE ISSUES

1.  Entitlement to an increased evaluation for postoperative
residuals of a fracture of the left ankle, currently evaluated as
20 percent disabling.

2.  Entitlement to an increased evaluation for postoperative
residuals of a fracture of the left femur, currently rated as
noncompensably disabling.

3.  Entitlement to an increased evaluation for postoperative
residuals of a fracture of the left tibial plateau, currently
rated as noncompensably disabling.

ATTORNEY FOR THE BOARD

Darryl A. Joe, Associate Counsel

INTRODUCTION

The veteran had active military service from May 1985 to December
1991.

This matter comes before the Board of Veterans' Appeals
(hereinafter the Board) on appeal from an April 1992 rating
action by the Indianapolis, Indiana Regional Office (hereinafter
RO) of the Department of Veterans Affairs (hereinafter VA).

REMAND

The issues shown on the title page are those which have been
certified by the RO to the Board for appellate review, although
two additional issues were addressed by the statement of the case
issued to the veteran in June 1992.  The veteran should be asked
to clarify whether he desires appellate review of either of the
two additional issues.  He should also be given another
opportunity to appear for a personal hearing, since the RO's
February 8, 1993, letter regarding the scheduled hearing was sent
to the veteran's old address after earlier notice had been
received of his new address.

On review of the record, the Board observes that there is no
record of a complete orthopedic examination of the veteran's
service-connected fracture residuals.  The rating action of April
1992 was based upon service medical records, which may be
incomplete, the report of what apparently was a neurological
evaluation, and reports of x-ray studies.  Orthopedic evaluations
were apparently scheduled but, for reasons which are not clear,
were not performed.

To ensure that the VA has met its duty to assist the veteran in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following actions:

1.  The RO should make another attempt to
secure the veteran's complete service
medical records through official channels.
If there are no records other than those
which are currently of record, a clear
statement to this effect should be placed
in the record.

2.  The veteran should be afforded a VA
orthopedic examination to evaluate the
current nature and extent of his service-
connected disabilities.  The examination
should be conducted in accordance with the
VA Physician's Guide for Disability
Evaluation Examinations.  All indicated
special studies or tests should be
conducted.  The claims folder should be
made available to the examiner for review
before the examination.

3.  The RO should contact the veteran at
his current address and again afford him
the opportunity to appear for a hearing if
he so desires.  The options available to
him should be explained and a hearing
should be scheduled accordingly, if
requested.

4.  The RO should also ask the veteran to
clarify whether he desires appellate review
of all issues addressed in the statement of
the case or whether his appeal is limited
to those issues which have been certified
to the Board for appellate review.

5.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
any benefit sought on appeal remains
denied, the veteran should be furnished a
supplemental statement of the case
addressing the issues on appeal and given
the opportunity to respond thereto.

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 veteran need take no action unless otherwise
notified.

          D. C. SPICKLER
          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).