BVA9505715 
DOCKET NO.  91-37 774     )       DATE
          )
          )

On appeal from a decision of the
Department of Veterans Affairs Regional Office in Chicago,
Illinois

THE ISSUE

Entitlement to an increased evaluation for myositis ossificans of
the right thigh with a right femur fracture, currently evaluated
as 20 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Sheila A. Lawson, Associate Counsel

REMAND

The veteran had active service from June to July 1954 and from
August 1955 to August 1957.  This matter comes before the Board
of Veterans' Appeals (Board) on appeal from a May 1990 decision
of the Department of Veterans Affairs (VA) Regional Office (RO)
in Chicago, Illinois.

The veteran contends that he is entitled to an evaluation higher
than 20 percent for service-connected myositis ossificans of the
right thigh with a right femur fracture (right thigh disability).
In October 1993, the Board remanded the veteran's case to the RO
for further development.  In December 1993, pursuant to the
Board's remand instructions, the veteran underwent a VA
orthopedic examination.  In a December 1993 letter, the veteran
expressed his concerns regarding the adequacy of the VA
examination; in February 1995, the veteran's representative
expressed dissatisfaction with the legibility of the 1993 VA
examination report.

The veteran's service-connected right thigh disability is
evaluated under the provisions of 38 C.F.R. § 4.71a, Diagnostic
Code 5023 (1994).  The regulations provide that particular
musculoskeletal disabilities, including myositis ossificans, will
be rated on limitation of motion of affected parts, as
degenerative arthritis.  Id.  In view of the absence from the
December 1993 VA examination report of any range of motion
studies, the Board finds that examination inadequate for the
purposes of properly evaluating the veteran's service-connected
right thigh disability.  Furthermore, the Board notes that the RO
did not comply with the October 1993 remand with reference to
adjudicating the issue of entitlement to an extension of a
temporary total rating on the basis of a period of convalescence
beyond the last day of June 1975 following hospitalization for
service-connected disability.  In light of the foregoing
circumstances, the Board concludes that remand is required.

Accordingly, the case is REMANDED to the RO for the following
actions:

1.  The RO should contact the veteran,
through his representative, and request
that he identify specific names, addresses,
and approximate dates of treatment for all
health care providers from whom he has
received treatment his service-connected
right thigh disability from November 1993
to the present.  With any necessary
authorization, the RO should attempt to
obtain the treatment records identified by
the veteran that have not been secured
previously.

2.  Then, the RO should arrange for a VA
orthopedic examination, by a board
certified orthopedist who has not examined
him previously, to identify the extent of
current impairment resulting from his
service-connected right thigh disability.
The orthopedist specifically should
identify the extent of any associated
functional and muscle impairment present.
The veteran's claims folder should be made
available to the examiner prior to the
examination.

3. Thereafter, the RO should readjudicate
the veteran's claim of entitlement to an
evaluation higher than 20 percent for his
service-connected right thigh disability.

4.  The RO should also adjudicate the claim
for an extension of a temporary total
rating based on a period of convalescence
beyond the last day of June 1975 following
hospitalization for service-connected
disability.

If the benefits sought on appeal are not granted to the veteran's
satisfaction, the RO should issue a Supplemental Statement of the
Case, and the veteran and his representative should be provided
an opportunity to respond.  The case should then be returned to
the Board for further appellate consideration, if otherwise in
order.

In taking this action, the Board implies no conclusion, either
legal or factual, as to any ultimate outcome warranted.  No
action is required of the veteran until he is notified by the RO.

          ROBERT E. SULLIVAN
          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) (1994).