BVA9501963 DOCKET NO. 93-08 503 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUE Entitlement to service connection for a low back disorder. REPRESENTATION Appellant represented by: Fleet Reserve Association WITNESSES AT HEARING ON APPEAL Appellant and spouse ATTORNEY FOR THE BOARD E. J. McCafferty, Counsel INTRODUCTION The veteran had active service from February 1988 to February 1992. This appeal comes to the Board of Veterans' Appeals (Board) from a rating action by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. REMAND From a preliminary review of the record in this case, we note that the veteran has had consistent complaints of low back pain since his discharge from service. He argues that a low back injury in service has resulted in his present low back disability. The record shows that the veteran was treated in service in July 1987 for low back complaints. A definitive diagnosis was not entered at that time or on VA examination in October 1992. At the hearing on appeal, the veteran testified that he had received treatment for his low back at a VA facility subsequent to the VA examination in October 1992. In light of the veteran's continuing back complaints and the reported VA treatment for his back, we find that further development of the evidence would be beneficial in this case. Accordingly, the case is REMANDED for the following actions: 1. The RO should obtain the name of the VA facility where the veteran claims he received treatment for his low back subsequent to October 1992 and then obtain copies of the records of said treatment for incorporation into the claims folder. 2. The veteran should be accorded a VA orthopedic examination to determine the nature and etiology of his low back complaints. Any testing deemed necessary by the examiner for this determination, to include X-ray studies, should be undertaken. The claims folder should be made available to the examiner for study prior to the examination. After review of the claims folder and on completion of the examination, the examiner should express an opinion as to whether there is a relationship between the veteran's low back complaints in service and any currently identified low back pathology. When the above actions have been completed, the case should be reviewed by the RO. If the benefit sought remains denied, the veteran and his representative should be furnished an appropriate supplemental statement of the case. After they have had an adequate opportunity to respond, the case should be returned to the Board for further appellate review. The purpose of this REMAND is to obtain clarifying data. GEORGE R. SENYK 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).