BVA9505822 DOCKET NO. 93-07 214 ) DATE ) ) Received from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUES 1. Entitlement to service connection for degenerative disc disease of the cervical spine. 2. Entitlement to service connection for residuals of compression fracture of T-7. 3. Entitlement to service connection for pelvic tilt. 4. Entitlement to service connection for carpal tunnel syndrome. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD P. H. Mathis, Counsel REMAND The veteran had active service from October 1965 to August 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in San Francisco, California. In March 1993, the veteran testified at a hearing on appeal at the RO before the member of the Board whose signature appears below. The claims folder contains multiple clinical records which have not been considered by the RO in adjudication of the claims. These were received subsequent to a Supplemental Statement of the Case of August 1992, and no further Supplemental Statement of the Case has been issued. Inasmuch as there has been no waiver of initial review of the evidence by the RO prior to action by the Board, despite the fact that the representative was specifically asked if he wished to so waive, the veteran's case must be remanded to the RO for readjudication of the claim based on all the evidence submitted in support thereof to ensure due process of law. Moreover, the Board would prefer to have the below requested medical opinion before proceeding, in view of both the veteran's sworn testimony and the representative's request for an expert opinion. Accordingly, the veteran's case is REMANDED to the RO for the following actions: The RO should arrange for an examination of the veteran by a board-certified orthopedist, if available, in order to ascertain the present extent of any disease of the cervical and thoracic spines, pelvic disorder, or carpal tunnel syndrome. All indicated studies should be done. The examiner should have the claims folder for his use, and should be asked to offer his opinion, with full rationale, as to whether it is at least as likely as not that any of the above disabilities can be related to trauma in service or the service-connected lumbosacral strain, including the need for crutches. If the benefits sought on appeal are not granted to the appellant's satisfaction, a Supplemental Statement of the Case, addressing all issues in appellate status and reflecting full consideration of all evidence of record, should be prepared and furnished to the appellant and her representative. They should be provided an opportunity to respond. Thereafter, in accordance with proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. The appellant need take no action unless otherwise notified. J. J. SCHULE 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 (CONTINUED ON NEXT PAGE) 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).