BVA9503286 
DOCKET NO.  93-09 689     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Sioux Falls,
South Dakota

THE ISSUE

Entitlement to an increased evaluation for status post
diskectomy, herniated nucleus pulposus, L5 - S1, currently
evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Daniel J. McTavish, Associate Counsel

INTRODUCTION

The veteran served on active duty from January 1948 to February
1952, and again from September 1955 to February 1972.

This matter came before the Board of Veterans' Appeals (Board) on
appeal of a May 1992 determination by the Sioux Falls, South
Dakota Regional Office (RO) of the Department of Veterans Affairs
(VA), denying an evaluation in excess of 10 percent for service-
connected low back disability.

REMAND

In August 1971, the veteran had a disc removed at the L5 - S1
level on the right.  In December 1971, a Physical Evaluation
Board found him to be physically unfit based on disability
resulting from an injury received in line of duty.   The Physical
Evaluation Board recommended that he be permanently retired from
the service.  Service connection was established effective in
February 1972 for herniated nucleus pulposus, postoperative.  A
10 percent disability evaluation was assigned.

The most recent medical evidence of record indicated that the
veteran received VA outpatient treatment on several occasions
between March 1989 and September 1991.  These records showed
treatment for various problems, including lumbosacral strain,
scrotal cyst, cervical spine radiculopathy, and a genitourinary
disorder.  X-rays of the lumbosacral spine, taken in August 1991,
revealed moderate to marked degenerative changes.  He was
scheduled to be seen in the neurosurgery clinic; however, no
followup treatment records are in the claims file.

The most recent VA examination of the veteran was conducted in
December 1991.  He stated that his low back pain had become
progressively worse during the past few years and now radiated to
the right buttock.  Range of motion of the lumbar spine was
measured by the examining physician and by a physical therapist.
Although the measurements recorded varied somewhat, both the
physician and the physical therapist noted some restriction of
lumbar spine motion.  The RO determined that the limitation of
motion of the lumbar spine was mild in degree.

VA has a duty to assist the veteran in the development of facts
pertinent to his claim.  38 U.S.C.A. § 5107(a) (West 1991).  The
Board finds that a current examination is needed to ensure that
the record contains a report of a contemporaneous examination.
See Caffrey v. Brown, 6 Vet.App. 377 (1994).

Under the circumstances, this case is REMANDED to the RO for the
following:

1.  The RO should obtain photocopies of all
pertinent VA medical treatment records from
September 1991 to the present.  Up-to-date
treatment records from any other medical
care provider identified by the veteran
should also be secured in compliance with
appropriate procedure.

2.  The RO should then schedule the veteran
for special VA orthopedic and neurological
evaluations in order to determine the
severity of all manifestations of the
veteran's service-connected low back
disability.  All indicated tests, including
X-rays and range of motion measurements, in
degrees, should be performed and all
clinical findings should be set forth in
detail.  The neurological examination
should describe in detail any sensory or
motor impairment stemming from the
veteran's service-connected low back
disorder.  The examinations should be
performed in accordance with the VA's
Physician's Guide for Disability Evaluation
Examinations.  In accordance with recent
United States Court of Veterans Appeals
decisions, the claims folder should be made
available to the examining physicians for
review prior to the examinations.

3.  After further consideration of the
claim, if the decision remains adverse to
the veteran, the RO should issue a
supplemental statement of the case
summarizing the evidence, and laws and
regulations, and explaining the application
of the laws and regulations to the
evidence.  The RO should afford the veteran
60 days to respond to the supplemental
statement of the case before the matter is
returned to the Board for final
adjudication, if otherwise in order.
38 C.F.R. § 20.302(c) (1993).

The purpose of this REMAND is to procure clarifying data.  No
action is required of the veteran until further notice.

          D. C. SPICKLER
          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).