BVA9508115 
DOCKET NO.  93-18 709     )       DATE
          )
          )

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

THE ISSUE

Entitlement to an increased evaluation for lumbosacral strain,
with arthritis at L5-S1, currently rated at 40 percent.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

C. M. Flatley, Counsel

REMAND

The veteran had active service from January 1942 to October 1945.
This case comes before the Board of Veterans' Appeals (Board) on
appeal from an April 1992 rating decision of the Roanoke,
Virginia, Department of Veterans Affairs (VA) regional office
(RO).

Review of the record indicates that the veteran has submitted a
well-grounded claim.  38 U.S.C.A. § 5107(a) (West 1991).  The VA
therefore has a duty to assist the veteran in the development of
facts pertinent to his claim.  38 U.S.C.A. § 5107(a); Murphy v.
Derwinski, 1 Vet.App. 78, 81-82 (1990).  In this regard, the
Board notes that the veteran has alleged that all pertinent
records were not obtained from the VA facility at which he
received treatment in Durham, North Carolina.  The VA outpatient
reports which have been obtained contain pertinent complaints.

Upon review of the record, the Board is of the opinion that in
order to fully assist the veteran in the development of his case
and extend to the veteran every equitable consideration,
additional development is warranted.  As such, this case is
REMANDED for the following:

1.  After any necessary information and
authorization are obtained from the
veteran, duplicates of any post-1990
treatment, VA or private, inpatient or
outpatient, associated with the veteran's
lumbosacral strain, with arthritis at L5-
S1, should be obtained by the RO and
incorporated into the claims folder.

2.  The RO should schedule a special VA
orthopedic examination to determine the
nature and severity of the veteran's
service-connected lumbosacral strain, with
arthritis at L5-S1.  The examination should
be conducted in accordance with the
pertinent provisions of the VA's
Physician's Guide for Disability Evaluation
Examinations.  All indicated studies should
be conducted.  The examination report
should include a full description of the
veteran's symptoms, clinical findings, and
associated functional impairment.  All
findings should be recorded in detail,
including range of motion of the veteran's
lumbosacral spine, recorded in degrees.  A
comprehensive report, which represents
consideration of the aforementioned
factors, as well as the history of the
veteran's disability, should be provided.
The veteran's claims folder should be
provided to the examiner and should be
reviewed prior to the examination.

3.  The RO should then review the veteran's
claim.  All pertinent law, regulations, and
United States Court of Veterans Appeals
(Court) decisions should be considered,
including Schafrath v. Derwinski, 1
Vet.App. 589 (1991).  If the veteran's
claim remains in a denied status, he and
his representative should be provided with
a supplemental statement of the case, which
includes any additional pertinent law and
regulations and a full discussion of action
taken on the veteran's claim, consistent
with the Court's instruction in Gilbert v.
Derwinski, 1 Vet.App. 49 (1990).  The
applicable response time should be allowed.

The case should then be returned to the Board, if in order, after
compliance with customary appellate procedures.  No action is
required of the veteran until he is so informed.  The Board
intimates no opinion as to the ultimate decision warranted in
this case, pending completion of the requested development.

          THOMAS J. DANNAHER
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 133-446, § 303, 108 Stat. 4645, ___ (1994), and 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) (1994).