BVA9507798 
DOCKET NO.  92-12 734     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office and Insurance
Center in St. Paul, Minnesota

THE ISSUE

Entitlement to an increased disability evaluation for residuals
of a lumbar spine injury, currently evaluated as 20 percent
disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

J. T. Hutcheson, Counsel

INTRODUCTION

The veteran had active military service from September 1973 to
August 1974.  This matter came before the Board of Veterans'
Appeals (hereinafter "the Board") on appeal from a September 1991
rating decision of the St. Paul, Minnesota Regional Office and
Insurance Center (hereinafter "the RO") which increased the
disability evaluation for the veteran's service-connected
residuals of a low back injury from 10 to 20 percent.  In
September 1993, the Board remanded the veteran's claim to the RO
for further development of the record including obtaining
additional clinical documentation and affording the veteran
further orthopedic evaluation.  Additional VA and private
treatment records were subsequently incorporated into the record.
The requested orthopedic examination was completed in October
1993.  In September 1994, the Board remanded the veteran's claim
to the RO for additional development of the record including
obtaining clinical documentation related to his apparent
industrial accident and affording him further orthopedic
evaluation.  In October 1994, the RO received a statement from
the Minnesota Department of Labor and Industry conveying that a
copy of the material in the veteran's workers' compensation
folder could be obtained upon payment of $26.40.  In November
1994, the RO attempted to inform the veteran of the Minnesota
Department of Labor and Industry's October 1994 response but
apparently sent the notice to the wrong address.  The requested
orthopedic examination has not been scheduled.  In February 1995,
the RO determined that it was unable to comply with the Board's
November 1994 remand instructions without the veteran's
cooperation and returned the instant appeal to the Board.  The
veteran has been represented throughout this appeal by the
Disabled American Veterans.

REMAND

In his March 1995 informal hearing presentation, the
accredited representative advances that the RO has failed to
develop the record in accordance with the Board's November
1994 remand and requests that the veteran's claim be again
remanded to the RO so that the Board's instructions may be
completed.  Although the RO properly identified both the
location of the veteran's workers' compensation records and
the fact that the Minnesota Department of Labor and Industry
required payment of $26.40 before releasing copies of the
relevant documentation, it appears to have misaddressed its
letter requesting the veteran's assistance in obtaining his
workers' compensation records.  There is no indication that
any attempt was made by the RO to schedule the requested
orthopedic examination.  In reviewing a similar factual
scenario, the United States Court of Veterans Appeals
(hereinafter "the Court") has held that the RO must comply
with the Board's remand instructions or explain its failure
to complete the requested action.  Talley v. Brown, 6
Vet.App. 72, 74 (1993)  Accordingly, this case is REMANDED
for the following action:

1.  The RO should contact the veteran
through the accredited representative and
request that the veteran obtain his
workers' compensation records from the
Minnesota Department of Labor and Industry
and forward them for incorporation into the
record.

2.  The RO should then schedule the veteran
for a VA orthopedic examination in order to
determine the current nature and severity
of his service-connected low back disorder.
The examination should be conducted in
accordance with the Physician's Guide to
Disability Evaluation Examinations.  All
indicated tests and studies should be
accomplished and the findings then reported
in detail.  The examiner, if possible,
should express an opinion as to what
portion of the veteran's symptomatology is
attributable to his service-connected
disability and what portion arises from his
post-service industrial accident.  The
claims folder should be made available to
the examiner prior to the examination.

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 a 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 record.
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.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board is appealable to the Court.  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).