BVA9500225 
DOCKET NO.  93-09 454     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Columbia, South
Carolina

THE ISSUE

Entitlement to an increased evaluation for a low back disorder,
currently evaluated as 40 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Joseph M. Horrigan, Counsel

INTRODUCTION

The veteran served on active duty from November 1976 to November
1979 and from February 1984 to March 1988.

This matter came before the Board of Veterans' Appeals (Board)
from a May 1992 rating decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Louis, Missouri.  The
veteran subsequently moved to South Carolina and the case was
thereupon transferred to the RO in Columbia, South Carolina.  It
is before the Board for appellate consideration at this time.

 The veteran's representative has raised the issue of entitlement
to a total rating for compensation purposes based on individual
unemployability.  However, this matter has not been developed and
certified for appeal and is referred to the RO for all
appropriate development.

REMAND

The veteran last received a VA physical examination of his low
back in March 1992.  In July 1992 the RO attempted to contact the
veteran by letters in order to obtain additional clinical
evidence regarding his low back disorder and to notify him of a
pending examination.  He made no response regarding the
additional clinical records and failed to report for the
examination scheduled in August 1992.  It appears from the record
that the letters in question were mailed to an incorrect address.

In view of the foregoing and given the duty to assist the veteran
in the development of his claim under the provisions of 38
U.S.C.A. 5107(a) (West 1991), this case is REMANDED to the RO for
the following action.

1.  The RO should contact the veteran at
[redacted] and request him
to provide the names, addresses, and
approximate dates of treatment of all VA
and non VA health care providers from whom
he has received treatment for low back
complaints at any time subsequent to his
discharge from service.  When the
requested information and any necessary
authorizations have been received, the RO
should attempt to obtain all relevant
clinical records which are not already in
the claims folder.  These records should
include all clinical documentation
reflecting treatment for back complaints
prior and subsequent to the motor vehicle
accident of August 1991.  All records
obtained should be associated with the
claims folder.

2. Thereafter, the veteran should be
afforded VA orthopedic and neurological
examinations to determine the current
degree of severity of his service
connected low back disorder.  All
necessary special studies, including
electromyographic and nerve conduction
velocity studies of the lower extremities,
should be performed and all pertinent
clinical findings reported in detail.  The
claims folder must be made available to
the examining physicians prior to their
evaluations so that the pertinent clinical
records may be reviewed in detail.

When the above development has been completed, the RO should
review the veteran's claim.  If the benefits sought on appeal
remain denied, the veteran and his representative should be
provided a supplemental statement of the case and afforded a
reasonable opportunity to respond.  Thereafter, the case should
be returned to this Board for its further consideration, if
otherwise appropriate.

No action is required of the veteran until he is so informed by
the RO.  The purpose of this REMAND is to obtain additional,
clarifying, clinical evidence.  By this REMAND the Board
intimates no opinion as to the outcome warranted in this case.

          ALBERT D. TUTERA
          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 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).