BVA9506133 DOCKET NO. 93-04 346 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a psychiatric disorder characterized as an undifferentiated somatoform disorder. 2. Entitlement to service connection for sciatica. 3. Entitlement to an increased disability evaluation for residuals of a low back injury, currently evaluated as 20 percent disabling. 4. Entitlement to an increased disability evaluation for gastritis, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel REMAND The veteran had active military service from October 1976 to October 1980. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from an August 1992 rating decision of the Nashville, Tennessee Regional Office (hereinafter "the RO") which denied service connection for a psychiatric disorder characterized as an undifferentiated somatoform disorder; service connection for sciatica; and increased disability evaluations for the veteran's service-connected low back injury residuals and gastritis. In February 1993, the veteran was informed in writing that his appeal was being certified to the Board and he had ninety days in which to request a change in representation; to request a personal hearing; or to submit additional evidence. In September 1994, the veteran submitted additional treatment records from the Therapy Center, Inc. In January 1995, the veteran submitted a written motion asserting that there was good cause for his delay in forwarding the additional clinical documentation. In February 1995, the Board granted the veteran's motion and informed him that all evidence of record would be considered in resolving his appeal. The veteran has been represented throughout this appeal by the American Legion. The veteran asserts on appeal that the RO erred in denying both service connection for a psychiatric disorder and sciatica and increased disability evaluations for his service-connected low back disorder and gastritis. He contends that his service-connected disorders have increased in severity and have been found to have resulted in the onset of an undifferentiated somatoform disorder and sciatica. In reviewing the record, the Board observes that clinical documentation from the Therapy Center, Inc., dated in January and February 1994 conveys that he was involved in a December 19, 1993 motor vehicle accident and had suffered back pain as a consequence. The most recent Department of Veterans Affairs (hereinafter "VA") examination was conducted in July 1992. The United States Court of Veterans Appeals (hereinafter "the Court") has held that the VA's statutory duty to assist the veteran includes conducting a thorough and contemporaneous examination so that the evaluation of the veteran's disabilities will be a fully informed one. Green v. Derwinski, 1 Vet.App. 121, 124 (1991). The Court has clarified that where the record does not adequately reveal the current state of the veteran's disability, a VA examination must be conducted. Schafrath v. Derwinski, 1 Vet.App. 589, 595 (1991). Given the apparent recent trauma to the veteran's back, the Board finds that additional VA orthopedic and neurological evaluations would be helpful in resolving the issues raised by the instant appeal. In light of the VA's duty to assist the veteran in the proper development of his claim as mandated by the provisions of 38 U.S.C.A. § 5107(b) (West 1991) and as interpreted by the Court in Green, Schafrath and Littke v. Derwinski, 1 Vet.App. 90, 92-93 (1990), this case is REMANDED for the following action: The RO should schedule the veteran for a VA examination which includes orthopedic and neurological evaluations in order to determine the current nature and severity of his back disability. The examination should be conducted in accordance with the Physician's Guide to Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The examiners should advance an opinion as to the etiology of all identified back disorders and expressly state whether the veteran currently suffers from sciatica. The claims folder should be made available to the examiners prior to the examination. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. E. W. SEERY 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 is appealable to the Court. 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).