BVA9506135 
DOCKET NO.  93-14 534     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Pittsburgh,
Pennsylvania

THE ISSUE

Entitlement to an increased rating for arthritis of the hips,
currently rated 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel
REMAND

The veteran had active duty from January 1958 to April 1978.
This matter comes before the Board of Veterans' Appeals (Board)
from a July 1991 decision from the Department of Veterans Affairs
(VA) Regional Office (RO) in Pittsburgh, Pennsylvania.

The veteran contends, in essence, that the record supports a
higher rating for arthritis of the hips.  At the hearing, he
asserted that a separate evaluation should be assigned for each
hip.  The record reflects that the claim has been decided without
benefit of a contemporaneous, comprehensive VA orthopedic
examination.  The record includes extensive VA outpatient
treatment reports though early 1993, but none of those reflecting
treatment for the hips includes an acceptable statement of the
range of motion of either hip.  Further, an examination ordered
after the RO hearing did not address the hips.  The record does
not allow for an informed determination of the issue on appeal.

In view of the foregoing and 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 case is REMANDED to the RO for the following
development:

1.  The RO should obtain the names and
addresses of all medical care providers who
treated the veteran recently for a
disability of either hip.  After securing
the necessary release, the RO should obtain
those records which have not previously
been obtained.

2.  The veteran should be afforded a VA
orthopedic examination to determine the
current severity of his hip disability.
The claims folder should be made available
to the examiner for review before the
examination.  The examination report should
include a medical history with notation of
any time lost from employment due to the
service-connected disability.  The examiner
should include a statement of the range of
motion, in degrees, observed for each hip.
Any special studies or consultations with
other specialists deemed necessary for
comprehensive evaluation should be
obtained.

3.  Thereafter, the RO should readjudicate
the issue on appeal to include
consideration of 38 C.F.R. § 3.321 (b)(1).

Should the matter on appeal not be resolved to the satisfaction
of the veteran, 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) (1994).