BVA9505274 
DOCKET NO.  93-19 282     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in No. Little
Rock, Arkansas

THE ISSUE

Entitlement to a permanent and total disability rating for
pension purposes.

REPRESENTATION

Appellant represented by: Arkansas Department of Veterans
Affairs

ATTORNEY FOR THE BOARD

Jeffrey A. Pisaro, Counsel

REMAND

The veteran had active military service from December 1965 to
February 1967.  He also had subsequent service with the National
Guard of Missouri and as a reserve of the Army between July 1982
and September 1983.

This appeal arises from a November 1992 rating decision of the
North Little Rock, Arkansas, Regional Office (RO).  The case was
received at the Board of Veterans' Appeals (Board) in August
1993.  Voluminous medical records reflecting treatment from
September 1993 through June 1994 have been added to the record
since the case was received at the Board, including records which
show that the veteran underwent surgery for cervical spinal
stenosis in June 1994.  VA examination is needed to assess the
current status of the veteran's health and his ability to
function.

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

1.  The RO should contact the veteran and
obtain the names and addresses of all
health care providers from whom he has
received treatment in recent years,
particularly since his hospitalization in
June 1994.  Thereafter, the RO should
obtain legible copies of all records which
have not already been obtained and, once
obtained, all records must be associated
with the claims folder.

2.  Following completion of the above
development, the veteran should be afforded
a VA general medical examination and VA
orthopedic and neurology examinations to
determine the nature and extent of all dis-
abilities present.  All indicated tests
should be accomplished.  The physicians
should review the claims folder prior to
the examinations.  All disabilities should
be evaluated in relation to their history,
with emphasis upon the limitation of social
and industrial activity, including any time
lost from employment, imposed by the
disabling conditions.  Each examiner should
render an opinion as to what effect the
disabilities found have on the veteran's
ability to work, and state whether the
veteran's disabling conditions are
susceptible to improvement through
appropriate treatment.

3.  When the above development has been
completed, the case should again be
reviewed by the RO and a rating action
prepared which lists all of the veteran's
disabilities and the percentage evaluation
assigned each disability.  If the decision
remains adverse to the veteran, he and his
representative should be furnished with a
supplemental statement of the case which
includes a recitation of the percentage
rating for each diagnosed disability; which
cites the appropriate diagnostic codes and
provides a discussion of their
applicability to the veteran's
disabilities; and which discusses the
application of the two standards (average
person and unemployability) by which a
permanent and total disability rating for
pension purposes may be assigned.  They
should then be afforded the applicable time
to respond.

Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.  The veteran need take no action
until he is further informed.  The purpose of this REMAND is to
obtain additional information and to ensure due process of law.
No inference should be drawn regarding the final disposition of
the claim as a result of this action.

          GARY L. GICK
          Member, Board of Veterans' Appeals

(CONTINUED ON NEXT PAGE)

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).