Citation Nr: 1007271	
Decision Date: 02/26/10    Archive Date: 03/05/10

DOCKET NO.  06-24 470	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Phoenix, 
Arizona


THE ISSUE

Entitlement to an initial disability rating in excess of 10 
percent for degenerative joint disease of the right knee.  


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

Kathy Diener, Associate Counsel




INTRODUCTION

The Veteran had active service from April 1972 to May 1975.

This matter comes before the Board of Veteran's Appeals 
(Board) on appeal from a February 2005 rating decision by the 
Department of Veterans Affairs (VA) Regional Office (RO) in 
Phoenix, Arizona, which confirmed an initial disability 
evaluation of 10 percent for degenerative joint disease of 
the right knee.  

This case was previously before the Board in March 2009, and 
was remanded for additional development.  Unfortunately, 
another remand is required.  

The appeal is REMANDED to the RO via the Appeals Management 
Center (AMC), in Washington, DC.  VA will notify the 
appellant if further action is required.


REMAND

This case was remanded by the Board in March 2009 in order to 
afford the Veteran a current VA examination.  During the VA 
examination conducted in June 2009, the examiner made 
reference to VA treatment records dated in 2009 which relate 
to the Veteran's right knee disability.  These treatment 
records are not included in the claims file.  As these 
records constitute evidence material to the issue on appeal, 
a remand is required so that they may be obtained.  Bell v. 
Derwinski, 2 Vet. App. 611 (1992).
 
Accordingly, the case is REMANDED for the following action:

1.	Contact the Veteran and ask him to 
identify dates and locations of any 
medical treatment he has received for 
his right knee disability.  For any 
private records identified, ask the 
Veteran to complete a waiver so that 
these records may be released to VA.

2.	Thereafter, the RO should request any 
identified records, to include the VA 
treatment records dated in 2009 which 
are discussed in the June 2009 VA 
examination report.  Any records 
obtained should be associated with the 
claims file.  If any records are 
unavailable, this should be noted in 
the claims file.  

3.	Review the record and complete any 
further development, if necessary.  
Thereafter, readjudicate the issues on 
appeal, specifically considering any 
newly-obtained evidence, if relevant.  
If the claim remains denied, the RO 
should issue a supplemental statement 
of the case and afford the Veteran and 
his representative an opportunity to 
respond.  Thereafter, the case should 
be returned to the Board for appellate 
review.

The appellant has the right to submit additional evidence and 
argument on the matter the Board has remanded.  Kutscherousky 
v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law 
requires that all claims that are remanded by the Board of 
Veterans' Appeals or by the United States Court of Appeals 
for Veterans Claims for additional development or other 
appropriate action must be handled in an expeditious manner.  
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009.)



_________________________________________________
M. E. LARKIN
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the 
Board of Veterans' Appeals is appealable to the United States 
Court of Appeals for Veterans Claims.  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) (2007).