BVA9503323 
DOCKET NO.  93-07 408     )       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 disability evaluation for
residuals, shell fragment wound, right clavicle, with deformity,
currently evaluated as 20 percent disabling.

2.  Entitlement to a total rating for compensation purposes based
on individual unemployability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Wayne A. Tonkins, Associate Counsel

INTRODUCTION

The veteran had active military service from June 1942 to
November 1945.

This matter came before the Board of Veterans' Appeals
(hereinafter the Board) on appeal from a May 1991 rating decision
of the St. Petersburg, Florida, Regional Office (hereinafter the
RO), which denied an increased disability evaluation for
residuals, shell fragment wound, right clavicle, with
deformities, as well as denied the veteran's claim for a total
rating for compensation purposes based on individual
unemployability.

REMAND

The veteran asserts on appeal that the RO erred in denying both
the increased disability evaluation for residuals, shell fragment
wound, right clavicle, with deformity and a total rating for
compensation purposes based on individual unemployability.  He
contends that his service-connected disabilities have increased
in severity and render him unable to secure and follow any form
of substantially gainful employment.

In reviewing the record, the Board notes that the United States
Court of Veterans Appeals (hereinafter COVA) has indicated that
the VA must consider all pertinent treatment records when
evaluating service connected disabilities.  The Board notes that
at a hearing on appeal in March 1992, the veteran indicated he
had been treated by various private physicians for his service
connected disabilities.  He specifically mentioned Doctors
Clafford, Zelser, Shenell, Shalayle and Ford.  Moreover, he
indicated he had recently been seen at the VA clinic in Riviera
Beach.  His representative requested that VA treatment records
from the Riviera Beach Clinic and Miami Medical Center since July
1991 be secured.  While it is not clear that all the reported
providers are indeed following the veteran for his service
connected disabilities, consistent with COVA precedent, an
attempt should be made to secure pertinent records to assist the
veteran in proving his claim per 38 U.S.C.A. § 5107 (West 1991).

Accordingly, the case is being REMANDED for the following action:

1.  An attempt should be made to secure any
pertinent treatment records relating to the
service connected disabilities from Doctors
Clafford, Zelser, Shenell, Shalayle and Ford
as identified in the transcript of the
veteran's March 1992 hearing on appeal.

2.  Treatment records pertaining to the
veteran at the Miami VAMC and Riviera Beach
outpatient clinic subsequent to July 1991
should be secured and associated with the
records on appeal.

When the requested action has been completed, and if his claim
continues to be denied, the veteran should be afforded a
reasonable period of time in which to respond to the supplemental
statement of the case.  Thereafter, subject to current appellate
procedures, the case should be returned to the Board for further
appellate consideration if appropriate.

The veteran need not take any action unless he is further
informed.  The purpose of this REMAND is to allow for further
development.  No inference should be drawn from it regarding the
final disposition of the veteran's claim.

          E. W. SEERY
          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).