BVA9504556 DOCKET NO. 93-13 601 ) 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 rating for a low back disability, currently rated 10 percent disabling. 2. Entitlement to an increased rating for a cervical spine disability, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from September 1966 to September 1969. This matter comes before the Board of Veterans' Appeals (Board) from a December 1991 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The record reflects that the most recent comprehensive VA medical examination was completed in October 1991. On that examination, the examiner reported no neurological deficit of the veteran's upper extremities and no limitation of motion for either the cervical or lumbar spine. The Board observes that VA outpatient treatment reports subsequent to that examination refer to a cervical nerve root dysfunction and limitation of motion, without a specific statement as to the extent of the limitation of motion of either the cervical or lumbar spine or the extent of any neurologic component of the veteran's cervical spine disability. The Board also notes the veteran's testimony regarding the extent of the disabilities and his enrollment in a vocational rehabilitation program. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the Board is persuaded that further development is warranted before a final decision is reached. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran recently for a cervical spine disability or low back disability. After securing the necessary release, the RO should obtain these records. 2. The RO should also obtain the veteran's vocational rehabilitation file and current information regarding his training status. 3. Thereafter, the veteran should be afforded a VA examination by a specialists in orthopedics and neurology, if available, to determine the current extent of the residuals of the cervical spine disability and low back disability. The claims folder must be made available to the examiners in connection with the examinations. All pertinent complaints should be recorded and evaluated. Complaints of pain either to touch or on use should be carefully noted and any other impairment of function of the cervical spine or low back should be described in detail. All indicated studies should be performed. The examiners should also render an opinion as to the effect, if any, that the cervical spine disability or low back disability have on the veteran's ability to work. 4. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the issues on appeal. The rating decision should reflect consideration of the provisions of 38 C.F.R. §§ 4.40, 4.45, 4.59, and 3.321(b)(1). A supplemental statement of the case should then be prepared and furnished to the veteran and his representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. CHARLES E. HOGEBOOM 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 deter- mination. 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).