BVA9502229 
DOCKET NO.  91-41 265     )       DATE
          )
          )

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

THE ISSUE

Entitlement to service connection for a back disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Susan S. Toth, Associate Counsel

INTRODUCTION

The veteran had active service from November 1950 to November
1952.

This appeal arises from a rating decision of May 1987, whereby
the Regional Office (RO) denied service connection for a back
disability.  In January 1992 and March 1994, the Board of
Veterans' Appeals (Board) remanded the case to the RO for
additional development of the evidence.

REMAND

The RO should make further attempts to secure service medical
records, or alternate sources of evidence, prior to a
determination on appeal.  In this regard, the VA has a duty to
assist the veteran in the development of facts pertaining to his
claim.  38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.303(a)
(1993).  In cases where the service medical records are presumed
destroyed, the duty to assist includes the obligation to search
for alternate medical records.  Moore v. Derwinski, 1 Vet.App.
401, 406 (1991).  The duty to assist also includes the obligation
to advise the veteran that alternate methods of supporting his
claim would be considered by the VA.  Dixon v. Derwinski, 3
Vet.App. 261, 263 (1992); see also VA Adjudication Procedure
Manual, M21-1, Part III, Paragraph 4.25(c) and 4.29(b) (June 22,
1994).  Moreover, it appears that the veteran has been found to
be disabled by the Social Security Administration; however, these
records have not been obtained.  The United States Court of
Veterans Appeals has held that such records should be made a part
of the record.  See Masors v. Derwinski, 2 Vet.App. 181(1992).
It appears that in this case, all possible avenues of evidentiary
development have not been fully explored.

Under the circumstances of this case, we find that additional
assistance is required.  Accordingly, the case is REMANDED to the
RO for the following:

1.  The RO should assist the veteran in the
development of additional sources of
evidence.  A non-exhaustive list of
documents follows which may be substituted
for service medical records in this, or any
other, case:  (1)  VA military files, (2)
statements from service medical personnel,
(3)  "buddy" certificates or affidavits,
(4)  state or local accident or police
reports, (5)  employment physical
examinations, (6)  medical evidence from
hospitals, clinics and private physicians
by which or by whom a veteran may have been
treated, especially soon after separation,
(7)  letters written during service, (8)
photographs taken during service, (9)
pharmacy prescription records and; (10)
insurance examinations.  Manual, Part III,
Paragraphs 4.25(c) and 4.29(b).

2.  The RO should contact the Social
Security Administration and request that
they provide a copy of the decision by the
Administrative Law Judge awarding the
veteran disability benefits together with
copies of all medical records used in
making that determination.  All records
obtained should be associated with the
claims folder.

3.  When the requested developments have
been completed and reviewed by the RO, and
in the event that the decision remains
adverse to the veteran, a supplemental
statement of the case should be prepared
and furnished to him and to his
representative.  They should then be given
an opportunity to respond.

Thereafter, the case should be returned to the Board in
accordance with current appellate procedures.  The appellant need
take no action until he is further informed.  The purpose of this
REMAND is to obtain additional information, and no inference
should be drawn regarding the final outcome of this claim as a
result of this action.

          C.W. SYMANSKI
          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).