Reproduction of Document #1

IN THE APPEAL OF MICHAEL V. HARPER                                   C 28 131 501

Determination of the Board that such evidence is both new and material in nature thereby warranting reopening of the appellant’s claim. 

ORDER

New and material evidence having been submitted to reopen the claims for entitlement to service connection for a right knee disorder and a left knee disorder, the appeal, to this extent, is granted.

REMAND

In view of the decision reopening the veteran’s claim for service connection for a right knee disorder and a left knee disorder, the RO must readjudicate the claims with out regard to the finality fo the July 1984 RO decision, based on all evidence, both new and old.

The Board has previously noted the medical evidence of significance regarding the bilateral knee disorders.  However, with out a current examination to provide a definitive diagnosis regarding bilateral knee disabilities found, and an opinion as to the relationship between such disabilities and any knee complaints during service, the Board concludes that the record is not adequately developed to permit an informed determination.  Where the record before the Board is inadequate to render such determination, a remand to the RO is required in order to fulfill the statutory duty to assist.  Ascherl v. Brown,  Vet.App. 371 (1993)

Therefore, pursuant to VA’s duty to assist the appellant in the development of facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West 1991 & Supp. 1997; 38 C.F.R. § 3.103(a) (1996), the Board is deferring adjudication of the issues pending a remand of the case to the RO for further development as follows:

                        1.  The RO should contact the veteran and ask that he provide the names and addresses of all health care