BVA9503665 
DOCKET NO.  93-13 317     )       DATE
          )
          )

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

THE ISSUE

Entitlement to an increased evaluation for residuals of a shell
fragment wound of the right shoulder with muscle damage (Group
I), currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Ronald R. Bosch, Counsel

INTRODUCTION

The veteran served on active duty from March 1951 to February
1953.

This appeal arose from a November 1992 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in St.
Petersburg, Florida.  The RO denied entitlement to an increased
evaluation for residuals of a shell fragment wound of the right
shoulder with muscle damage.

The case has been forwarded to the Board of Veterans' Appeals
(Board) for appellate review.

REMAND

The veteran contends that his right shoulder disability has
increased in severity.  He states that he has been receiving
treatment at the Tampa, Florida VA medical outpatient clinic
since 1955, however, only those records pertaining to his
treatment in 1991 and 1992 have been associated with the claims
file.  Those records contain only limited clinical findings as to
the extent of severity of the appellant's right shoulder
disability.  More importantly, however, the claims file discloses
that the appellant has not been formally examined by VA as to the
severity of his right shoulder disability since September 1954.

The United States Court of Veterans Appeals held in Jones v.
Brown, 7 Vet.App. 134, 138 (1994), and Proscelle v. Brown, 2
Vet.App. 629, 632 (1992), that in a claim for an increased
evaluation the veteran need only allege increased disability to
render his claim well grounded.  Accordingly, because the veteran
has alleged increased disability due to his shell fragment wound
residuals VA has a duty to assist him in the development of his
well-grounded claim.  The "statutory duty to assist includes the
conduct of a through and contemporaneous medical examination."
Green v. Derwinski, 1 Vet.App. 121, 124 (1991).  Therefore, the
Board is of the opinion that association with the claims file of
the veteran's complete outpatient treatment reports since 1990 ,
and a contemporaneous examination would materially assist in the
adjudication of his appeal.

Therefore, this case is REMANDED for the following action:

1.  The RO should obtain and associate with
the claims file copies of the complete
records pertaining to the veteran's
treatment since 1990 at the VA Medical
Center in Tampa, Florida.

2.  The RO should schedule the veteran for
a VA orthopedic examination to determine
the nature and extent of his shell fragment
wound residuals of the right shoulder with
muscle damage.  This study must be
conducted in accordance with the VA
Physician’s Guide for Disability Evaluation
Examinations.  All indicated studies should
be conducted.  The claims file must be made
available to and reviewed by the examiner
prior to the examination.

3.  After undertaking any development
deemed appropriate in addition to that
specified above, the RO should readjudicate
the issue of entitlement to an increased
evaluation for residuals of a shell
fragment wound of the right shoulder with
muscle damage.

If the benefit requested on appeal is not granted to the
veteran's satisfaction, the RO should issue a supplemental
statement of the case.  A reasonable period of time for a
response should be afforded.  Thereafter, the case should be
returned to the Board for final appellate review, if otherwise in
order.  By this REMAND, the Board intimates no opinion as to any
final outcome warranted.  No action is required of the veteran
until he is notified by the RO.

          DEREK R. BROWN
          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).

 The Board observes that it is the nature and extent of the veteran’s present le
primary concern.  Francisco v. Brown, 7 Vet.App. 55, 58 (1994).