BVA9502403 
DOCKET NO.  93-11 599     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boise, Idaho

THE ISSUE

Entitlement to an increased (compensable) evaluation for shrapnel
wound of the left side of the face with nerve deficit.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

REMAND

The veteran had active duty from July 1944 to June 1946.

The veteran served during World War II.  He was wounded in action
and awarded the Purple Heart.  A noncompensable evaluation was
assigned for his wound.  However, the recent examination report
did not adequately describe the wound, to include whether there
was pain or tenderness or changes in color.  The examination
report did not include color photographs.  The examination report
did not include measurements of the scar.  The examination report
did not confirm or reject the implied complaint of interference
with mastication.  The examination report did not determine
whether there are retained foreign bodies.

We also note that the veteran reported that he experiences
running saliva, that he bites his lip, and that he uses the other
side of his mouth for drinking.  The hearing officer noted that
the veteran was credible, however, there was no evidence
supporting or refuting the testimony.  If the testimony was
credible, the hearing officer did not explain why an increased
evaluation was not warranted under the provisions of other
diagnostic codes.  In addition, it is unclear whether there are
retained foreign bodies.  It is also unclear whether the regional
office considered the complaints of continuous salivation and lip
biting to be an interference with mastication (38 C.F.R. Part 4,
Code 5325 (1993)) or that a retained foreign body might reflect
more than a slight injury (38 C.F.R. § 4.56(a) (1993)).

To ensure that the Department of Veterans Affairs (VA) has met
its duty to assist the claimant in developing the facts pertinent
to the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the regional office (RO)
for the following development:

1.  The veteran should be afforded a VA
examination to determine the extent of
facial impairment.  The claims folder
should be made available to the examiner
for review before the examination.  The
examiner should describe the veteran's
facial wound(s) in detail, including size,
coloration, and the presence or absence of
pain and tenderness.  The examiner should
determine whether the veteran experiences
any impairment of mastication, including
whether the complaints of lip biting, the
necessity of drinking from 1 side of the
mouth or excessive salivation result in an
impairment of mastication (no matter how
slight).  The examiner should also
determine whether there any retained
foreign bodies.

2.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  The
regional office should determine whether
there is a painful or tender scar (code
7804), whether there are retained foreign
bodies (§ 4.56), whether the disfigurement
is more than slight, and whether there is
any impairment of mastication (code 5325).
If any benefit sought on appeal, for which
a notice of disagreement has been filed,
remains denied, the appellant and
representative, if any, should be furnished
a supplemental statement of the case 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 appellant need take no action unless otherwise
notified.

          H. N. SCHWARTZ
          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).