BVA9500957 
DOCKET NO.  93-12 192     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas

THE ISSUE

Entitlement to service connection for the residuals of low back
injury, including degenerative changes of the lumbosacral spine
and narrowing of the fourth and fifth lumbar vertebrae disc
space.

REPRESENTATION

Appellant represented by: Texas Veterans Commission

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from March 1972 to January 1974.

This appeal arises from a September 1992 rating decision which
denied service connection for the residuals of a low back injury,
including degenerative changes of the lumbosacral spine and
narrowing of the fourth and fifth lumbar vertebrae disc space.

The veteran has asserted, and service medical records confirm,
that he injured his back in service.  He has contended that the
injury in service has resulted in his current low back problems.
His representative points out that, although authorization was
provided by the veteran in 1992, there is no indication that the
veteran's private medical records were requested by the
originating agency.

It is herein noted that the records indicate that the veteran
served in the Naval Reserves for several years after his January
1974 discharge from active duty.  The Board of Veterans' Appeals
(Board), having reviewed the record, finds that further
development is required.  Accordingly, the issue is being
REMANDED to the originating agency for the following action:

1.  The originating agency should contact
the appropriate authority and request all
documents, both administrative and medical,
pertaining to the veteran's service in the
Naval Reserves.  All documents obtained
should be associated with the veteran's
claims file.

2.  The originating agency should contact
the veteran to obtain written authorization
for the release of his private medical
records.  After securing authorization, the
originating agency should request copies of
all of the veteran's treatment records from
Gregory W. Bartha, M.D., and from Midland
Memorial Hospital, Midland, Texas.  All
documents obtained should be associated
with the veteran's claims file.

3.  The veteran should be informed that if
he has evidence linking a current
disability to service or evidence of the
disability in proximity to service, such
evidence should be submitted.

4.  Upon completion of the above, the
originating agency should review this
claim.  If any determination made is
unfavorable to the veteran, a supplemental
statement of the case which sets forth the
evidence received since the statement of
the case should be issued to the veteran
and his representative.

The veteran and his representative should be given the
appropriate period of time in which to respond.  Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order.  The purpose of this REMAND
is to obtain clarifying medical information and ensure all due
process.  No action is required of the veteran until he receives
further notice.

          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).