BVA9501902 
DOCKET NO.  93-06 713     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Francisco,
California

THE ISSUE

Entitlement to an increased evaluation for lumbosacral strain,
currently rated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

John D. Nachmann, Associate Counsel

INTRODUCTION

The veteran had active military service from December 1968 to
January 1972.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a rating decision of July 1992 by the Department
of Veterans Affairs (VA) San Francisco, California, Regional
Office (RO).

REMAND

The veteran has submitted a well-grounded claim within the
meaning of 38 U.S.C.A. § 5107(a).  See Murphy v. Derwinski,
1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55
(1990).  That is, the Board finds that he has submitted a claim
which is plausible.  Therefore, the VA has a duty to assist the
veteran in developing facts pertinent to his claim.  See Littke
v. Derwinski, 1 Vet.App. 90, 91-92 (1990).

The report of a June 1992 VA examination indicates that the
examiner was unable to obtain information needed to accurately
determine the veteran's current level of impairment because the
veteran refused to comply with the examiner's instructions.  The
inability of the examiner to elicit range of motion findings was
the basis for the July l992 denial.  However, in his February
1993 substantive appeal, the veteran explained that he did not
comply with the examiner's instructions because such actions
would have caused him to experience a great deal of pain and
discomfort.  The veteran also indicated that he would be willing
to attend another VA examination so that his lumbosacral strain
could be fully evaluated.

The Board reminds the veteran that the duty to assist is not a
one-way street and the veteran cannot passively wait for help
from the Department in developing evidence to prove his claim.
See Wood v. Derwinski, 1 Vet.App. 190, 193 (1991).  Nevertheless,
the explanation provided by the veteran as to the incomplete
nature of the exam, veteran's willingness to report for an
additional VA examination, as well as an indication in the report
of the June 1992 VA examination that x-rays of the veteran's
lumbosacral spine be obtained, leads the Board to conclude that
further development of the veteran's case is warranted.  The
veteran is advised, however, that failure to fully cooperate with
the examiner during the conduct of tests vital to the
adjudication of the claim, including spinal range of motion
studies, could result in the denial of the claim.

Accordingly, this case is REMANDED for the following actions:

The veteran should be afforded a special
orthopedic examination in order to
determine the nature and extent of his
lumbosacral strain as currently manifested.
This examination should include x-rays as
well as measurements of the veteran's range
of spinal motion.  The claims file or
copies of all relevant records contained
therein must be made available to the
examiner prior to and during the
examination for a complete study of the
case.

After completion of the requested development, the case should be
reviewed by the RO.  If the determination remains adverse to the
veteran, the case should be returned to the Board after
compliance with the provisions for processing appeals, including
the issuance of a supplemental statement of the case and
provision of the applicable time period for response thereto.

The purpose of this REMAND is to obtain additional development,
and the Board does not intimate any opinion as to the merits of
the case, either favorable or unfavorable, at this time.  No
action is required of the veteran until he is notified.

          JACQUELINE E. MONROE
          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).