BVA9500464 
DOCKET NO.  93-09 284     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Columbia, South
Carolina

THE ISSUE

Entitlement to service connection for a low back disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Joseph M. Horrigan, Counsel

INTRODUCTION

The veteran served on active duty from April 1975 to July 1976
and from November 1990 to December 1991.

This matter came before the Board of Veterans' Appeals from a
January 1992 rating decision of the Department of Veterans
Affairs (VA) Regional Office in Columbia, South Carolina.  The
case is before the Board for appellate consideration at this
time.

REMAND

The record contains recently submitted evidence which is relevant
to the veteran's claim.  However, the RO has not considered this
evidence in the adjudication of the veteran's claim and he has
not waived consideration of this evidence by the agency of
original jurisdiction.

In view of the foregoing, this case must be REMANDED to the RO
for the following action:

The Ro should review the medical evidence
submitted by the veteran in July 1993 and
then again adjudicate the veteran's claim
for service connection for a low back
disorder.  If this benefit remains denied,
he and his representative should be given
a supplemental statement of the case and
afforded a reasonable opportunity to
respond.  Thereafter, the case should be
returned to this Board, if otherwise
indicated.

No action is required of the veteran unless he is so informed by
the RO.  The purpose of this REMAND is to insure that the veteran
is accorded due process of law.  By this REMAND the Board
intimates no opinion as to the outcome warranted in this case.

          ALBERT D. TUTERA
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).