BVA9503305 
DOCKET NO.  93-11 439     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Whether new and material evidence has been submitted to reopen a
claim of entitlement to service connection for a back disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

J. L. Prichard, Associate Counsel

INTRODUCTION

The veteran had active duty from December 1987 to June 1989.

A rating decision of June 1990 denied entitlement to service
connection for a back disorder.  The veteran was notified of that
decision in an October 1990 letter.  He did not appeal the
decision and it became final.

The veteran's representative notes that the veteran made an
inferred claim for a total rating based on unemployability due to
service-connected disorders at an August 1991 Department of
Veterans Affairs (VA) examination.  This issue is not on appeal
and is referred to the regional office (RO) for appropriate
action.

REMAND

In a November 1993 statement, the veteran's representative noted
that the only service medical records contained in the claims
folder are the veteran's dental records.  However, the records
are referred to by the RO in rating decisions and other documents
of record.  The representative has requested that this case be
remanded in order to obtain the veteran's complete service
medical records.

The representative has further noted that the veteran was
afforded a VA orthopedic examination in June 1992.  X-ray studies
of the veteran's back were ordered at that time, but there is no
indication as to whether or not these studies were completed.  X-
ray studies may be helpful in this case.  It is also noted by the
Board that the veteran's claim includes the low back as well as
the upper back; the RO should address all of the veteran's
contentions pertinent to his back.

Since the issuance of the statement of the case, the veteran has
submitted numerous VA treatment records which have not yet been
reviewed by the RO.  The veteran did not include a statement
waiving initial review by the RO.  Accordingly, the case must be
REMANDED for due process reasons.

For the foregoing reasons, the case is REMANDED to the RO for the
following development:

1.  The RO should attempt to secure the
veteran's service medical records through
official channels.

2.  The RO should obtain the names and
addresses of all medical care providers who
have treated the veteran for his back
disorder since May 1993.  After securing
the necessary release, the RO should obtain
these records.

3.  The veteran should be afforded a VA
orthopedic examination, to include X-ray
studies, in order to determine the nature
of any back disorder.  The claims folder
must be made available to the examiner, who
should provide an opinion as to whether any
back disorder found is causally or
etiologically related to the symptoms shown
in service.

Thereafter, the RO should review the veteran's claims on the
basis of the additional evidence.  The RO should consider whether
new and material evidence has been submitted.  See Manio v.
Derwinski, 1 Vet.App. 140 (1991).  If the decision of the RO
remains unfavorable to the veteran, both he and his
representative should be issued an appropriate supplemental
statement of the case.  The case should then be returned to the
Board of Veterans' Appeals (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.

          M. SABULSKY
          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).