BVA9502185 
DOCKET NO.  93-08 597     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Entitlement to an increased evaluation for residuals of a
gunshot wound to the left shoulder, currently rated 20 percent
disabling.

2.  Entitlement to an increased evaluation for residuals of
bilateral frozen feet, currently rated 10 percent disabling.

3.  Entitlement to a compensable evaluation for residuals of a
gunshot wound to the lower lip.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

C. S. Freret, Counsel
INTRODUCTION

The appellant had active military service from April 1943 to
October 1945.

This appeal comes before the Board of Veterans' Appeals (Board)
from a May 1992 rating decision by the Department of Veterans
Affairs (VA) St. Petersburg, Florida, Regional Office (RO), which
denied entitlement to increased evaluations for the appellant's
service-connected residuals of a gunshot wound to the left
shoulder, of bilateral frozen feet, and of a gunshot wound to the
lower lip.

In a statement submitted in April 1992, the appellant appears to
raise the issue of entitlement to compensation under 38 U.S.C.A.
§ 1151 (West 1991).  This claim is not inextricably intertwined
with the current claim and has not been developed for appellate
consideration by the RO.  Therefore, this matter is referred to
the RO for appropriate action.

REMAND

The appellate asserts that he experiences a constant quiver and
tremor associated with his residuals of a gunshot wound to the
lower lip that is very noticeable when he converses with another
person, and which, in turn, causes him to become nervous.

In reviewing the claims file, the Board has noted that the most
recent VA medical examinations, conducted in January 1992 and
March 1992, did not include examination of the appellant's lower
lip.  Appellate consideration of the claim for a compensable
evaluation for residuals of a gunshot wound to the lower lip
would be inappropriate without clinical evaluation of the
disability.

VA has a duty to assist the appellant in the development of facts
pertinent to his claims.  38 U.S.C.A. § 5107(a) (West 1991);
38 C.F.R. § 3.103(a) (1994).  The Court has held that the VA's
duty to assist the appellant in obtaining and developing
available facts and evidence to support his claim includes
obtaining adequate VA medical examinations.  Littke v. Derwinski,
1 Vet.App. 90 (1990).  Accordingly, this case is REMANDED to the
RO for the following actions:

1.  The RO should schedule the appellant for
examination of his lower lip in order to ascertain
the nature and severity of any disabilities
associated with his residuals of a gunshot wound
to the lower lip.  All indicated special studies
should be undertaken, if not medically
contraindicated.  If the examiner feels that the
appellant has neurological symptomatology
requiring evaluation by a specialist in neurology,
a neurology examination should be scheduled.  The
claims file and a copy of this REMAND should be
provided to the examiner, and to any subsequent
specialists who may examiner the appellant, prior
to the examinations.

2.  The RO should review all examination reports
to determine if they are adequate for rating
purposes and in compliance with this remand.  If
they are not, they should be returned to the
examiner for supplemental action.

After the above requested actions have been completed, the RO
should review the appellant's claims with regard to the
additional evidence obtained.  If 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 appellant's claims for increased
evaluation s for his service-connected residuals of a gunshot
wound to the left shoulder of bilateral frozen feet are 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.

          BETTINA S. CALLAWAY
          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).