BVA9502628 DOCKET NO. 93-08 413 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO)in Atlanta, Georgia THE ISSUE Entitlement to service connection for a cervical spine disorder. REPRESENTATION Appellant represented by: Georgia Department of Veterans Service REMAND The veteran had active duty from May 1951 to May 1953. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 1991 decision of the RO. The veteran contends that an injury during basic training aggravated a preservice injury suffered in May 1947. Reportedly, he received extensive treatment for the injury which he was told was a broken neck. He states that he was subsequently put in a transportation unit in Korea because of his inability to carry a pack. His statements concerned these inservice experiences are supported by submitted lay statements. Unfortunately, the veteran's service medical records are not available for review in this regard. Given the nature of this case, the Board is of the opinion that further development is required prior to appellate handling of the claim. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should take appropriate steps to contact the veteran in order to obtain information concerning all medical care rendered the veteran for his cervical spine condition since 1947. After securing the necessary releases, the RO should obtain copies of records from all indicated treatment sources identified by the veteran. This should include those dealing with the initial preservice injury suffered by him in 1947. 2. The veteran should be afforded a VA orthopedic examination to current nature and likely etiology of all cervical spine pathology. All indicated testing should be done in this regard. The claims folder should be made available to the examiner for review before the examination. Based on his/her review of the entire record and a full clinical history elicited from the veteran, the examiner should enter an opinion as to the medical probability that any currently demonstrated cervical spine disability is the result of injury sustained during service as claimed by the veteran. If any disorder is determined to have existed prior to service, then the examiner should state whether that condition underwent an increase in severity during service as claimed by the veteran. A detailed explanation should accompany this opinion. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. STEPHEN L. WILKINS 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).