BVA9504490 
DOCKET NO.  93-12 180     )       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 a cervical spine
disability with left shoulder disability, currently evaluated as
30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

INTRODUCTION

The veteran had active duty from October 1941 to June 1945.

This appeal is taken from a Regional Office (RO) determination in
September 1991 which confirmed and continued a 30 percent
evaluation for the disability at issue.

REMAND

At the RO hearing conducted in March 1992, the veteran reported
that he was receiving ongoing treatment for the disability at
issue at the VA medical center in Oakland.  The reports of such
treatment have not been associated with the veteran's claims
folder.  Although the report of a VA examination in April 1992 is
of record, the Board is of the opinion that contemporaneous
treatment reports would be useful in accurately adjudicating the
appeal.  The United States Court of Veterans Appeals (hereinafter
the Court) has held that the duty of VA to assist veterans in the
development of facts pertinent to their claims, under 38 U.S.C.A.
§ 5107(a) (West 1991) and 38 C.F.R. § 3.103(a) (1991), as
enunciated by the Court in Littke v. Derwinski, 1 Vet.App. 90
(1990), requires that VA accomplish additional development of the
record, to include obtaining the reports of contemporaneous
medical treatment reports, if it is found that "the record before
it is inadequate."  Id., at 93

To ensure that the Department of Veterans Affairs (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 regional office (RO)
for the following development:

1.  The RO should request that the veteran
provide the names and addresses of all
persons and facilities who have treated him
for the disability at issue since June
1990.  The RO should also request that he
furnish appropriate authorization for the
release of any and all records pertaining
to such treatment.

2.  Upon the receipt of the information
requested above, the RO should request that
all persons and facilities identified by
the veteran as having treated him for the
disability at issue provide legible copies
of all medical records pertaining to such
treatment.  The RO in particular should
request that the VA medical center in
Oakland, and Dr. Zorub provide all records
pertaining to treatment of the veteran for
the disability at issue, to include the
reports of all radiographic studies made in
conjunction with such treatment.

3.  Following the receipt of the records
requested above, the RO should request that
the veteran undergo a VA examination by an
orthopedist who has not previously treated
or examined him, in order to determine the
current nature and severity of the
disability at issue.  All tests indicated,
to include range of motion, neurological
and radiological studies, are to be
conducted at this time.  The examiner is to
set forth all findings, along with the
reasons and bases therefor, in a clear,
comprehensive and legible manner on the
examination report.  The claims folder is
to be made available to the examiner prior
to the examination.

4.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
any benefit sought on appeal, for which a
notice of disagreement has been filed,
remains denied, the appellant and
representative, should be furnished a
supplemental statement of the case and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless otherwise
notified.

          U. R. POWELL
          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).