BVA9502913 
DOCKET NO.  93-11 345     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to service connection for a low back disability.

REPRESENTATION

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

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had Vietnam Era and post Vietnam Era active duty
which terminated in August 1991.
REMAND

This appeal arises from a June 1992 rating decision of the St.
Petersburg, Florida, regional office (RO).  In that decision,
service connection for residuals of lumbar strain was denied.  On
review of the evidence of record, the Board of Veterans' Appeals
(Board) observes that, although the appellant complained of
chronic low back pain on service discharge examination, no back
disability was clinically documented.  Examination showed that
the appellant was 5 feet 10 inches tall and weighed 245 pounds.
He earlier had been referred to Overeaters Anonymous.

Postservice evidence essentially consists of a report of
examination at a naval air station in October 1991.  Particularly
as it relates to the back, this report is largely illegible, but
it does seem to indicate chronic low back pain.  X-ray
examination of the appellant's lumbar spine was negative, as it
was on examination by the Department of Veterans Affairs (VA) in
February 1992.  However, the Board agrees with the appellant's
contention that he was given an inadequate examination for
purposes of his low back claim inasmuch as the back appartently
was not physically examined.  Although the diagnoses included low
back strain, limitations of function, if any, or other findings
to support the diagnosis were not recorded.  The physical
examination in February 1992 did show that the appellant was
morbidly obese at 281½ pounds, but no opinion as to the etiology
of the low back strain was included with the examination report.
In the Board's judgment, such an opinion is warranted in this
case, particularly in view of the relatively close proximity of
the diagnosis to service.

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is REMANDED
to the RO for the following development:

The appellant should be afforded a VA
orthopedic examination to determination the
nature and extent of any low back
disability.  The claims folder should be
made available to the examiner for review
before the examination.  Clinical findings
should be reported in detail and, to the
extent possible, the etiology of any low
back disability should be clearly
identified.  Specifically, the examiner
should be requested to provide an opinion
as to the degree of probability, if any,
that low back strain or any current low
back disorder is causally related to the
veteran's back complaints during service.
The rationale for such opinion should be
included.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If the
benefit sought on appeal remains denied, the appellant and
representative should be furnished a supplemental statement of
the case and given the applicable 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 until he is so
notified.

          CHARLES E. HOGEBOOM
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).