BVA9500149 
DOCKET NO.  93-08 233     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Huntington,
West Virginia

THE ISSUES

1.  Whether new and material evidence has been submitted to
reopen a claim for entitlement to service connection for an
acquired psychiatric disorder.

2.  Whether new and material evidence has been submitted to
reopen a claim for entitlement to service connection for
residuals of facial trauma.

3.  Entitlement to restoration of a 20 percent for residuals of
right ankle sprain, with traumatic arthritis.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

G. Wm. Thompson, Counsel

INTRODUCTION

The veteran had active duty from June 1980 to April 1983.  A
rating decision in March 1990 denied service connection for a lip
scar.

This appeal arises from a June 1992 Department of Veterans
Affairs (VA) Huntington, West Virginia, Regional Office (RO)
rating action that found no new and material evidence to reopen a
claim for service connection for an acquired psychiatric disorder
and scar of the lip; and a September 1992 rating action that
reduced a 20 percent evaluation for the right ankle disability to
10 percent, following VA examination in June 1992.

REMAND

Received at the Board of Veterans' Appeals (Board) in August
1993, from the RO, was a copy of a VA medical record dated in
March 1993.  In brief, the medical record provides a discussion
of the veteran's right lower extremity problems, and a diagnosis
of traumatic deep peroneal nerve palsy, which the examining
physician appears to relate to a traumatic episode in service.
The Board finds this evidence to be pertinent to the increased
rating issue, and under 38 C.F.R. § 20.1304 (c) the evidence must
be referred to the RO for consideration and a supplemental
statement of the case.

In regard to the veteran's claim of trauma to the face in
service, with residual damage to teeth and upper lip, the Board
notes that service dental records, dated September 14, 1982, not
only show facial and dental trauma but intraoral and extraoral
lacerations that required stitches.  When he was examined in
November 1989, it does not appear that the examining physician
had access to his claims folder and service medical records.
Therefore, any assessment of the lip was not based on all
pertinent data.

This case is remanded for actions as follows:

1.  The RO should review the March 11, 1993, medical
record (as well as any other records not previously
associated with the claims folder in order to
determine whether the veteran has traumatic deep
peroneal nerve palsy related to the right ankle injury
in service.  If additional tests or studies are deemed
appropriate, they should be so performed.  Opinion
concerning the nature of the palsy should include
recitation of appropriate objective medical evidence,
and adequate reasons and bases to support the opinion.

2.  The veteran should be examined by an appropriate
VA specialist in order to determine the nature, extent
and status of residuals of facial trauma, and scars,
if any.  The examiner is to review the veteran's
service medical records prior to the examination.  The
examination should include color photographs of the
lip.

Following completion of the above actions, the claim should be
reviewed, and if any benefit sought remains denied, the veteran
and his representative should be provided with a supplement
statement of the case and be given opportunity to respond.
Thereafter, the case should be returned to the Board for further
appellate consideration.  The issue of whether there is new and
material evidence to reopen a claim for entitlement to service
connection for an acquired psychiatric disorder is deferred,
pending this remand.

RENÉE M. PELLETIER
Member, Board of Veterans' Appeals
(CONTINUED ON NEXT PAGE)

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).