BVA9503800 
DOCKET NO.  93-09 154     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Houston, Texas

THE ISSUES

!.  Entitlement to an increased (compensable) evaluation for
bilateral hearing loss.

2.  Entitlement to an increased evaluation for spinal arthritis.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Ronald R. Bosch, Counsel

INTRODUCTION

The veteran served on active duty from January 1942 to August
1971.

This appeal arose from a September 1991 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Houston, Texas.  The RO, in relevant part, denied entitlement to
an increased evaluation for bilateral hearing loss; assigned a
separate evaluation of 40 percent for lumbar spondylosis;
assigned a noncompensable evaluation for cervical spine
spondylosis; and assigned a noncompensable evaluation for
thoracic spine spondylosis.

The Board observes that the veteran was not specifically notified
as to the change in the rating evaluations for the cervical and
thoracic regions of the spine.  In his appeal statement to the
Board of Veterans' Appeals (Board), the appellant mentioned
symptomatology including his neck.  The Board has therefore
construed the issue to include entitlement to an increased
evaluation for arthritis of the entire spine.

REMAND

The Board's review of the orthopedic examinations conducted by VA
in August 1991 and March 1992 discloses there appears to be
inconsistency as to the nature and extent of severity of spinal
arthritis.  Ankylosis of the spinal segments was suggested, but
not specifically identified as such when the veteran was examined
by VA in March 1992.  If ankylosis was present, the examiner must
clarify it as favorable or unfavorable.

The Board is of the opinion that a contemporaneous orthopedic
examination to

reconcile the clinical findings reported on VA examinations of
record would materially assist in the adjudication of the
veteran's appeal.

Pursuant to VA's duty to assist the veteran in development of
facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West
1991);  38 C.F.R. § 3.103(a) (1994), the Board is deferring
adjudication of the issues certified for appellate review pending
a REMAND of the case to the RO for further actions as follows:

1.  The RO should schedule the appellant
for an examination by a VA orthopedist to
determine the nature and extent of severity
of spondylosis or arthritis of the
cervical, thoracic, and lumbar regions of
the spine.  The examination is to be
conducted in accordance with the diagnostic
procedures outlined in Chapter 2 of the VA
Physician's Guide for Disability Evaluation
Examinations.  All further indicated
studies are to be conducted.  Range of
motion and any indicated radiographic
studies should be undertaken.  If ankylosis
is present in any part of the spine, the
examiner should so state and identify it as
either favorable or unfavorable.  The
claims file must be made available to and
reviewed by the examiner prior to the
examination.

2.  After undertaking any development
deemed appropriate in addition to that
specified above, the RO should adjudicate
the issue of entitlement to an increased
evaluation for each spinal segment.

If the benefit requested on appeal is not granted to the
veteran's satisfaction, the RO

should issue a supplemental statement of the case including
application of the criteria pertaining to increased compensation
benefits for the cervical, thoracic, and
lumbar regions of the spine.  A reasonable period of time for a
response should be afforded.  Thereafter, the case should be
returned to the Board for further appellate review, if otherwise
in order.  By this REMAND, the Board intimates no opinion as to
any final outcome warranted.  No action is required of the
veteran until he is notified by the RO.

          BRUCE KANNEE
          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).