BVA9500795 DOCKET NO. 93-08 832 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUE Entitlement to service connection for a chronic back disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. Reynolds, Associate Counsel INTRODUCTION The veteran had active service February 1982 to May 1984. This appeal arises from a rating decision of March 1992 from the Muskogee, Oklahoma, Regional Office (RO), in which service connection for residuals of a chronic back disability was denied. REMAND The veteran contends, in essence, that the RO erred when it denied service connection for residuals of a back injury. He specifically alleges that he injured his back while on duty, and that he has had back problems since that time. After a review of the evidence, the Board of Veterans' Appeals (Board) is of the opinion that additional development of the record is required prior to further consideration of the veteran's claim. The veteran notes in his application for compensation that he had additional service from March 1985 to August 1990. Although the service was not active duty, the periods of active duty for training should have been verified. We also note that additional evidence was associate with the claims file after the file was certified for appeal. The duty of VA to assist veterans in the development of facts pertinent to their claims requires that VA accomplish additional development of the evidence if the record currently before it is inadequate. Accordingly, this case is REMANDED for the following: 1. The RO should obtain verification of all periods of active duty for training or inactive duty training. The RO should also attempt to obtain the veteran's service medical records, which are not already associated with the veteran's claims folder. 2. The regional office should review the evidence that was associated with the claims file after the certification of appeal. 3. The veteran should be requested to submit any additional evidence of a current back disability that he may have in his possession. 4. Following completion of the above, the RO should again review the veteran's claim, and determine if service connection for a back disability can be established. If the decision remains adverse to the veteran, he and his representative should be provided with a reasonable period of time within which to respond thereto. The case should thereafter be returned to the Board for further consideration as appropriate. The veteran need take no action until he is so informed. The purposes of this REMAND are to obtain additional evidence and to ensure compliance with due process considerations. H. N. SCHWARTZ 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. (CONTINUED ON NEXT PAGE) 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).