BVA9507222 DOCKET NO. 93-10 989 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for a low back disability. REPRESENTATION Appellant represented by: North Carolina Division of Veterans Affairs WITNESS AT HEARING ON APPEAL The veteran. ATTORNEY FOR THE BOARD Mark D. Chestnutt, Associate Counsel REMAND The veteran had active duty from November 1942 to November 1945. A review of the record reveals that the veteran fell and injured his coccyx in December 1944 in service. He now claims that his current low back pathology is a residual of that injury. No recent VA examination has been found in the record and the Board is of the opinion that further development is needed. 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 regional office (RO) for the following development: 1. The veteran should be asked to provide the names and addresses of all providers of treatment for his low back condition since March 1992. Copies of all available records should be obtained and made a part of the record. 2. The veteran should be afforded a VA orthopedic examination to determine the nature and extent of any current low back disability. All necessary tests and studies should be conducted, and all clinical manifestations should be reported in detail. The claims folder should be made available to the examiner for review before the examination. The examiner is requested to provide an opinion as to the likelihood that the veteran's current low back disability is a residual of the December 1944 inservice fall on ice. Reasons and bases for all conclusions should be given. 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. WAYNE M. BRAEUER 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) (1994).