BVA9501151 
DOCKET NO.  93-11 744     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased disability evaluation for residuals
of a shell fragment wound to the right shoulder with retained
foreign body, Muscle Group I, currently evaluated as 20 percent
disabling.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from March 1942 to
October 1945.  This matter came before the Board of Veterans'
Appeals (Board) on appeal from a September 1991 rating decision
of the St. Petersburg, Florida, Regional Office (RO) of the
Department of Veterans Affairs (VA).

The veteran has also raised the issue of entitlement to service
connection for arthritis of the right shoulder as secondary to
his service-connected residuals of a shell fragment wound to the
right shoulder with retained foreign body, Muscle Group I.
However, this issue has not been developed for appellate review,
and, accordingly, is referred to the RO for appropriate action.

REMAND

The veteran and his representative contend that the 20 percent
disability evaluation currently assigned for his service-
connected residuals of a shell fragment wound to the right
shoulder with retained foreign body, Muscle Group I, is
inadequate to compensate the veteran for the effects of that
disability.  The veteran maintains that he suffers from
limitation of motion of the right shoulder and recurring pain, as
well as persistent stiffness in his neck.  Review of the
evidentiary record reflects that the veteran underwent a VA
orthopedic examination in April 1993.  In this regard, the
accredited representative has requested that a copy of that
examination be obtained and reviewed by the Board prior to
appellate disposition of the veteran's appeal.

Accordingly, further appellate consideration will be deferred and
the case is REMANDED to the RO for the following action:

1.  The veteran should be requested to
identify all sources of recent medical
treatment received for his service-
connected residuals of a shell fragment
wound to the right shoulder with retained
foreign body, Muscle Group I, and to
furnish signed authorizations for release
to the VA of private medical records in
connection with each non-VA source he
identifies.  Copies of the medical records
from all sources he identifies (not already
in the claims folder) should then be
requested.  It is specifically directed
that the veteran be assisted in obtaining a
copy of the orthopedic examination
undertaken at the VA Medical Center in
Miami, Florida,  in April 1993.  All
records obtained should be added to the
claims folder.

2.  After the above development has been
completed, the RO should then reevaluate
the veteran's claim in the light of the
additional evidence.  If the determination
remains adverse to the veteran, he and his
representative should be furnished a
supplemental statement of the case which
summarizes the pertinent evidence, fully
cites the applicable legal provisions, and
reflects detailed reasons and bases for the
decision reached.

Thereafter, the veteran and his representative should be given
the opportunity to respond thereto.  Thereafter, the case should
be returned to the Board for further appellate consideration, if
otherwise in order, following appropriate appellate procedure.
The purpose of this REMAND is to further develop the record and
the Board does not intimate any opinion, either factual or legal,
as to the ultimate disposition warranted in this case.  No action
is required of the veteran until he is notified.

          ALBERT D. TUTERA
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).