BVA9501006 DOCKET NO. 93-21 460 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased rating for a back disorder, currently rated 40 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD James J. Dunphy, Counsel INTRODUCTION At his personal hearing in St. Petersburg before James U. Johnson, a Member of the Board of Veterans' Appeals (Board), the veteran raised the issue of entitlement to service connection for urinary and bowel disorders secondary to treatment of the service connected back disorder. This issue is referred to the Regional Office (RO) for further action. REMAND The veteran had active duty from June 1964 to February 1976. 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 RO for the following development: 1. The RO should obtain all records of treatment afforded the veteran at the James Haley VA Medical Center subsequent to August 1992. 2. The veteran should be afforded appropriate VA examinations to determine the current severity of the service- connected back disorder and to determine the relationship, if any, between any urinary and bowel problems and the service- connected back disorder. The claims folder should be made available to the examiners for review before the examinations. 3. The RO should then adjudicate the issues of entitlement to service connection on a secondary basis for urinary and bowel problems and entitlement to an increased rating for a low back disorder. 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. J. U. JOHNSON 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).