BVA9501518 
DOCKET NO.  93-06 301     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas

THE ISSUE

Entitlement to service connection for a back disability.

REPRESENTATION

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

WITNESSES AT HEARINGS ON APPEAL

 Appellant and his wife

INTRODUCTION

The veteran served on active duty from January 1953 to November
1954..

Entitlement to service connection for a back disability was
denied by prior final rating decision.  This appeal arose from a
May 1990 rating decision of the Department of Veterans Affairs
(VA) Regional Office (RO) in Little Rock which determined that
there had not been submitted new and material evidence to reopen
the claim.  A June 1990 rating decision, effectuating a VA
Hearing Officer's decision, determined that there had been
submitted new and material evidence, and the claim was reopened.

The issue of whether there was clear and unmistakable error in a
January 1955 rating decision denying service connection for the
back disability was addressed in the Hearing Officer's decision
of August 1992.  However, the veteran was not informed of this
decision or apprised of his appellate rights.  This matter is
addressed below.

REMAND

The veteran claims, and has testified under oath, that he had had
constant back pain between the time he injured his back in
service and the time he underwent surgery for herniated nucleus
pulposus at L4-L5 approximately nine years later.  The medical
records show that he reportedly sustained back injury in service
and was treated for lumbosacral strain.  When he underwent VA
examination approximately one month after service he complained
of back pain, but no orthopedic disease or disability was found.
Approximately nine years later he presented with severe back
pain.  He reported as history that he had had recurrent episodes
of this type of backache since injury in service.  The Board is
of the opinion that additional medical opinion is necessary on
the relationship between the in-service back problems and the
post-service herniated disc at L4-L5.

Accordingly, the case is REMANDED for the following action:

1.  The RO should schedule the veteran for
examination by a VA orthopedic specialist,
Board certified, if possible, for the
purpose of determining whether he has a
chronic back disability, to include
residuals of herniated nucleus pulposus at
L4-L5, which is related to service.  The
examiner must answer the following
question: Was the herniated disc at L4-L5,
which was diagnosed in 1964, caused by, or
related to, or did it represent a
progression of, the low back problems in
service.  The reasoning which forms the
basis of the opinion should be set forth in
detail.  The claims file must be made
available for review prior to the
examination, and the examiner should
affirmatively indicate that this was in
fact the case.

2.  When this development is completed the
RO should consider the issue of service
connection for the back disability.  In
addition, the RO should undertake a rating
decision which carries out the Hearing
Officer's decision of August 1992 with
respect to clear and unmistakable error in
the initial disallowance of service
connection for the back disability and
inform the veteran of the decision and of
his appellate rights.  If the benefits
sought are not granted, and after
completion of the usual adjudicative
procedures, the veteran and his
representative should be furnished an
appropriate supplemental statement of the
case and given an opportunity to respond.

(CONTINUED ON NEXT PAGE)

The case should then be returned to the Board if in order.

          NANCY I. PHILLIPS
          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).