BVA9503730 DOCKET NO. 92-18 369 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to the restoration of a 20 percent evaluation for residuals of a gunshot wound of the back. 2. Entitlement to service connection for residuals of a lumbar laminectomy. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran had active service from July 1966 to October 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of March 1992 and April 1994 by the Department of Veterans Affairs (VA) Regional Office in St. Petersburg, Florida (RO), which reduced the evaluation for the veteran's residuals of a gunshot wound of the back from 20 percent to 10 percent and denied service connection for a lumbar laminectomy with left leg sciatica. This case was remanded by the Board for further development in October 1993. REMAND It is contended that the evaluation for the veteran's residuals of a gunshot wound of the back has not improved. It is asserted that the 20 percent evaluation should not have been reduced. In the veteran's substantive appeal he indicated that he had limitation of motion of the left shoulder and was unable to lift his left arm above his shoulder. In reviewing the record, the Board notes that the veteran's back wound has been rated as an injury to the low back with the criteria for rating lumbosacral strain cited. However, the evidence does not suggest a wound to the low back, while referencing entrance and/or exit scars about the left shoulder and right dorsal spine. In any event the record is unclear as to what muscle groups were injured as a result of gunshot wounds incurred in service. Consequently, the Board concludes additional development is called for. Accordingly, the case is being REMANDED for the following action: The veteran should be afforded an orthopedic examination to determine the nature and extent of the gunshot wound residuals of the "back". The examiner should have access to the veteran's claims folder prior to his examination. It is requested that he review the history of the disability and determine to the extent possible, exactly what muscle groups were injured, and the specific track of the projectiles. The examiner should also express an opinion as to the etiology of the veteran's lumbar laminectomy, and whether it is related to the gunshot wound residuals of the "back" or right knee. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to the supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the evidence. No inference should be drawn from it regarding the final disposition of the veteran's claim. E. W. SEERY 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) (1994).