BVA9500100 DOCKET NO. 93-02 295 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUES 1. Entitlement to service connection for postoperative residuals of spinal stenosis with degenerative disc disease. 2. Entitlement to an increased rating for residuals of a back injury with traumatic arthritis, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mark D. Hindin, Counsel INTRODUCTION The veteran had active service from February 1941 to October 1945, and from April 1946 to February 1971. He was a prisoner of war of the German Government. This matter arises from a January 1991 rating decision which denied entitlement to an increased rating for residuals of a back injury with traumatic arthritis, and a March 1992, rating decision in which the regional office (RO) denied entitlement to service connection for post operative residuals of spinal stenosis with disc disease. The issue of restoration of a 20 percent rating for bilateral hearing loss disability was also developed for appellate consideration. The RO granted restoration of the 20 percent evaluation in a November 1991 rating decision. The veteran has not contended, nor has he introduced any evidence, that he is entitled to an evaluation in excess of 20 percent currently. REMAND The current record contains a number of medical opinions as to the relationship between the service connected disabilities and spinal stenosis with intervertebral disc disease. Some of these opinions are vague. All of them are flawed inasmuch as they were based on incomplete or inaccurate histories, and were apparently rendered without access to the veteran's claims folder. The Board notes parenthetically that were it to grant service connection for spinal stenosis with intervertebral disc disease, it would be necessary to remand the case for reevaluation of the service connected residuals of back injury with traumatic arthritis. It would serve the purposes of judicial economy and justice to afford the veteran informed examinations to determine what, if any, relationship exists between the claimed disability and the service connected disabilities. Accordingly this case is REMANDED for the following: 1. The RO should contact the veteran and request that he furnish information as to any treatment he has received for the conditions at issue in this appeal subsequent to his most recent examination for VA in August 1992. The RO should then take all necessary steps to obtain those records and associate them with the claims folder. 2. The veteran should then be afforded VA orthopedic and neurologic examinations, in order to determine the nature and extent of any low back disability. All indicated diagnostic studies and specialized examinations should be performed. In order to evaluate the disability in the context of its history, the examiners should be provided with the veteran's claims folder prior to the examinations. The examiners should express an opinion as to the causal relationship, if any, between the service connected left ankle disability, residuals of low back injury with traumatic arthritis, or back symptomatology reported during service; and the claimed spinal stenosis with intervertebral disc disease, if found to be present. If after completion of the requested development there remain issues on appeal, the veteran and his representative should be furnished with a supplemental statement of the case, and be given a reasonable opportunity to respond. Thereafter, following compliance with all other procedures relative to the processing of appeals, the case should be returned to the Board for further appellate consideration of any issue for which a valid substantive appeal has been submitted. No action is required of the veteran until he receives further notice. LAWRENCE M. SULLIVAN Section 6 of S. 1904, signed by the President on ,permits a proceeding instituted before the Board to be assigned to an individual member of the Board for determination. This proceeding has been assigned to an individual member of the Board Under 38 U.S.C.A. ยง 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.