BVA9505178 
DOCKET NO.  93-10 457     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Newark, New
Jersey

THE ISSUE

Entitlement to service connection for residuals of  a back
injury.

REPRESENTATION

Appellant represented by: New Jersey Department of
Military and Veterans' Affairs

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

G. Wm. Thompson, Counsel

INTRODUCTION

The veteran had active service from May 1971 to July 1972.

This appeal arises from a May 1992 Department of Veterans Affairs
(VA) Newark, New Jersey, Regional Office (RO) rating action that,
in addition to another determination, denied service connection
for a left varicocele, hemorrhoids, and post operative residuals
of a back injury.

The veteran's May 1992 notice of disagreement only expressed
general disagreement with the May 1992 rating action, and did not
refer to specific issues.  Further, in his July 1992 substantive
appeal, he only addressed the issue of service connection for
back disability.  The veteran's representative in the September
1992 hearing presentation stated that the issue was service
connection for a back condition.  Since there has not been a
substantive appeal of the denial of service connection for a left
varicocele or hemorrhoids and an appeal has not been perfected
with regard to those matters, the Board of Veterans' Appeals
(Board) will limit its consideration to the issue cited on the
first page of this decision.

REMAND

The veteran, in hearing testimony in September 1992, reported
that after service he began seeing a chiropractor for relief of
back pain.  He made reference to chiropractic treatment in 1987,
and reported treatment at the Cedar Bridge Medical Group.  It is
not clear whether the chiropractic treatment was at a facility
other than Cedar Bridge Medical Group.  Reference was also made
to an on the job back injury in 1990, to include a workman's
compensation claim.

The RO did secure records from Cedar Bridge Medical group, but
such records did not show chiropractic treatment in 1987, or
earlier.  Additionally, while there are some records in the file
concerning medical treatment for the veteran's back after the
injury in 1990, such records start with a computerized tomography
scan (CT) of the lumbar spine in December 1990, and do not
include initial treatment, or the records associated with the
workman's compensation claim.

This case is remanded for actions as follows:

1.  The RO should contact the veteran and
request the name(s) of the treating
chiropractor(s) in 1987 and 1990.  Using
information and authorization(s) supplied by
the veteran, the RO should attempt to secure
all records of such treatment.

2.    The RO, with the help of the veteran
should attempt to secure all medical records
associated with his workman's compensation
claim, based on the injury in 1990.
Additionally, if the veteran has filed for
Social Security disability benefits, the RO
should secure all medical records associated
therewith.

3.  The veteran should be permitted to
submit or identify any other evidence in
support of his claim.  Medical evidence or
opinion of a relationship between any
disability at issue and any incidents of the
veteran's service would be helpful. Evidence
identified should be obtained by the RO.

Thereafter, the case should be reviewed.  If any benefit sought
remains denied, the veteran and his representative should be
provided with a supplemental statement of the case and be given
an opportunity to respond.  The case should then be returned to
the Board for further appellate consideration.

          THOMAS J. DANNAHER
          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).