BVA9506390 
DOCKET NO.  92- 12 250    )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Indianapolis,
Indiana

THE ISSUES

1.  Entitlement to an increased evaluation for postoperative
residuals of a herniated nucleus pulposus, currently rated 20
percent disabling.

2.  Entitlement to an increased evaluation for duodenal ulcer
disease, currently rated 20 percent disabling.

3.  Entitlement to a total disability evaluation based on
individual unemployability due to service-connected disabilities.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESSES AT HEARING ON APPEAL

Appellant and J. F.

ATTORNEY FOR THE BOARD

C. S. Freret, Counsel

INTRODUCTION

The appellant had active military service from December 1946 to
September 1949, from February 1951 to October 1952, and from
September 1957 to November 1965.  He also had periods of active
duty in the Indiana National Guard from March 30 to June 16,
1955, and from August 7 to August 21, 1955.

This appeal comes before the Board of Veterans' Appeals (Board)
from rating decisions by the Department of Veterans Affairs (VA)
Indianapolis, Indiana, Regional Office (RO), dated in March 1991,
October 1991, and February 1992.  The March 1991 rating decision
denied increased evaluations for the appellant's service-
connected bilateral defective hearing, rated 60 percent disabling
since November 15, 1965, postoperative residuals of a herniated
nucleus pulposus with muscle spasm, rated 20 percent disabling
since June 21, 1971, and a duodenal ulcer, rated noncompensable.
The October 1991 rating decision denied entitlement to a total
disability evaluation based on individual unemployability due to
service-connected disabilities.  The February 1992 rating
decision granted a 20 percent evaluation for a duodenal ulcer,
effective August 8, 1990, based on a private hospitalization
record of that date which showed the presence of a gastric ulcer;
denied entitlement to an increased evaluation for the appellant's
low back disability; and denied entitlement to a total disability
evaluation based on individual unemployability due to service-
connected disabilities.

REMAND

The appellant asserts that his service-connected low back
disability and duodenal ulcer are each more severely disabling
than currently evaluated, thereby warranting a higher rating for
each disorder.  He also claims that his service-connected
disabilities, which also include bilateral defective hearing,
prevent him from obtaining and maintaining all forms of
substantially gainful employment.

Review of the claims file reveals that the appellant submitted
additional medical evidence to the RO after his claim had been
certified to the Board.  The RO promptly forwarded the evidence
to the Board pursuant to M21-1, Part IV,  8.42 [38 C.F.R. §
19.37(b) (1994)].  Such evidence must be returned to the RO for
review and preparation of a Supplemental Statement of the Case
unless the appellant has waived, in writing, this procedural
right.  38 C.F.R. §20.1304(c) (1994).  The veteran has not waived
his procedural right in this matter; therefore, the case must be
REMANDED to the RO for the following action:

The medical evidence received at the Board in
February 1995 should be considered by the RO with
regards to the appellant's claims for an increased
evaluation for his low back disability and for a
total disability evaluation based on individual
unemployability due to service-connected
disabilities.

If after the above requested action has been completed, any of
the benefits sought on appeal remains denied, a supplemental
statement of the case should be furnished to the appellant and
his representative.  They should be afforded a reasonable period
of time to respond.  Thereafter, the case should be returned to
the Board for further appellate consideration.

Appellate consideration of the issue of entitlement to an
increased evaluation for a duodenal ulcer is deferred pending
completion of the development requested above.

The purpose of this REMAND is to obtain addition medical evidence
and to ensure that the appellant is afforded due process of law.
No opinion, either legal or factual, is intimated as to the
merits of the appellant's claims by this REMAND.  He is not
required to undertake any additional action until he receives
further notification from the VA.

          JACK W. BLASINGAME
          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 so assigned.

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).