BVA9503333 
DOCKET NO.  93-07 050     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUE

Entitlement to service connection for arthritis of the back and
both hips, status post bilateral hip replacement with left leg
shortening.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

Wayne A. Tonkins, Associate Counsel

INTRODUCTION

The veteran had active military service from March 1942 to
November 1945.  He was a prisoner of war of the German government
from April 1944 to April 1945.

This matter came before the Board of Veterans' Appeals
(hereinafter "the Board") on appeal from a December 1991 rating
decision of the Cleveland, Ohio, Regional Office (hereinafter
"the RO") which denied service connection for arthritis of the
back and both hips.

REMAND

The veteran contends that he suffers from traumatic
osteoarthritis as the result of the injuries he sustained when
his B-17 bomber was shot down over Germany, and the resulting
injuries from landing in a parachute while unconscious and his
subsequent capture and confinement as a prisoner of war by the
German military forces.  He further contends that the intent of
Public Law 99-576 was to grant service connection for
osteoarthritis as a result of a veteran's prisoner-of-war
experience where no accurate records were maintained.

In reviewing the record, the Board notes that the hearing officer
in resolving this apppeal indicated that new and material
evidence had not been received to reopen the claim.  The United
States Court of Veterans Appeals (COVA) has indicated in Suttmann
v. Brown, 5 Vet.App. 127 (1993), that cases involving POW
presumptive diseases are new claims, and are not subject to the
requirement that there be new and material evidence to reopen
them.

Moreover, in this appeal, the Board is of the opinion that an
examination by an orthopedist is called for.  We note that on the
veteran's service discharge examination, he made reference to a
history of back pain below the scapula of some 18 months.

In a June 1980 statement, Dr. Richard Irving indicated he
believed a parachute landing during the war could have caused the
veteran's back and hip problems.  Moreover, a July 1985 POW
summary sheet contained diagnoses including degenerative
arthritis of the hips and lumbosacral spine secondary to trauma
"from plane crash beginning POW trauma."

Accordingly, the case is being REMANDED for the following action:

1.  The veteran should be examined by an
orthopedist to determine the nature and
extent of this low back and hip arthritis.
The examiner should review the veteran's
claims folder in detail, and express an
opinion as to whether the veteran's arthritis
of the low back and hips is related to trauma
sustained in service.

2.  Subsequent to the development outlined
above, the RO should again consider the
veteran's claim consistent with the dictates
of the Court in Suttmann v. Brown, 5 Vet.App.
127 (1993).

If the decision remains adverse to the veteran, he and his
representative should be furnished a Supplemental Statement of
the Case and afforded a reasonable period to respond.
Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.

The veteran need not take any action unless he is further
informed.  The purpose of this REMAND is to allow for further
development of the record.  No inference should be drawn from it
regarding the final disposition of the veteran's claim.

          E. W. SEERY
          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).