BVA9405863 DOCKET NO. 93-04 030 ) DATE ) ) ) THE ISSUES 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection for a left ankle disorder. 3. Entitlement to service connection for a left calf disorder. 4. Entitlement to service connection for residuals of a laceration of the left thigh. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Carolyn Wiggins, Associate Counsel INTRODUCTION The veteran served on active duty from April 1971 until June 1974. This appeal arises from an October 1992 rating decision which denied service connection for a left knee disorder, a left ankle disorder, a left calf disorder and residuals of a laceration of the left thigh. The issues of service connection for a left ankle disorder, a left calf disorder and residuals of a laceration of the left thigh are held in abeyance until completion of development of the veteran's claim for service connection for a left knee disorder. REMAND On a Department of Veterans Affairs (VA) examination the veteran gives a history of twisting his left knee in 1972. He told the examiner he was air evacuated to Keesler Field. He said he was hospitalized for three days and then returned to duty. The service separation examination of May 1974 indicates that the veteran stated that his right knee occasionally locks on him. He said he was seen by a physician and no pathology was demonstrated. On the Veteran's Application for Compensation or Pension he stated he was treated for left knee, calf and ankle problems at Keesler Air Force Base in 1973 and by the Shreveport, Louisiana, Department of Veterans Affairs (VA) Medical Center in 1974-1975. The RO has noted this treatment, but the Board is unable to determine whether such records have been requested of the Shreveport Medical Center. Although a request for information form was sent to the National Personnel Records Center (NPRC) it did not include a specific request for records of the veteran's treatment for a left knee injury in 1972 or 1973 at Keesler Air Force Base, in Biloxi, Mississippi. VA Adjudication Procedure Manual, M21-1, Part III, Chapter 4, Requests for Service Records 4.02 (b) (2) (b), (e) and (h) states that inpatient treatment records should appear in the veteran's individual health record. However, clinical records are retained by the treating facility and are not filed with the individual health records. The medical facility normally retires its records to NPRC by year. Clinical records are filed chronologically with the given year by facility. Air Force records may still be in the possession of the treating facility or in the possession of the veteran if they were not properly transferred to NPRC. When the veteran has supplied specific information about the dates and times of treatment for a claimed disability the VA must assist the veteran by making a "reasonably exhaustive search" for relevant treatment records. Dixon v. Derwinski, 3 Vet.App. 261 (1992). The VA has a duty to assist the veteran in the development of all facts pertinent to his claim. 38 U.S.C.A. § 5107 (a) (West 1991); 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals has held that the duty to assist the veteran in obtaining available facts and evidence to support his claim includes obtaining pertinent evidence that applies to all relevant facts. Sanders v. Derwinski, 1 Vet.App. 88 (1990); Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990); and Seavey v. Derwinski, 2 Vet.App. 262 (1992). Accordingly, this case is REMANDED to the RO for the following actions: 1. The Regional Office (RO) should contact the veteran and inquire whether he has any service medical records in his possession. They should also request that the veteran state what month and year and what claimed disabilities he was treated for at Keesler Air Force Base. 2. The RO should contact the NPRC and request that they search the records of the medical facility at Keesler Air Force Base, Mississippi, for clinical records for the month and year supplied by the veteran. 3. The RO should contact Keesler Air Force Base and request that they search the records at their medical facility records for records of treatment of the veteran. 4. Copies of all treatment records should be obtained from the Shreveport, Louisiana, VA Medical Center and should be associated with the claims file. Following completion of the above actions, the case should be reviewed by the RO. If the benefits sought remain denied, the veteran and his representative should be provided with an appropriate supplemental statement of the case and given the opportunity to respond. The case should then be returned to the Board for further appellate review. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * NANCY PHILLIPS (MEMBERS TEMPORARILY ABSENT) SAMUEL W. WARNER *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. 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).