BVA9505872 
DOCKET NO.  93-15 611     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUES

1.  Entitlement to an increased rating for a low back disability,
currently rated 10 percent disabling.

2.  Entitlement to a total compensation rating based on
individual unemployability.

REPRESENTATION

Appellant represented by: Georgia Department of Veterans
Service

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

REMAND

The veteran had active service from September 1972 to September
1974.  This matter comes before the Board of Veterans' Appeals
(Board) from an April  1993 decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia.

The record reflects that the veteran's claim for increased
compensation for a back disability includes an inextricably
intertwined claim for service connection for herniated nucleus
pulposus, L5-S1.  The claim was denied by the RO in April 1993
without benefit of a medical opinion regarding the etiology
therefor or any relationship to the service-connected lumbosacral
strain.  The Board observes that the veteran was not afforded a
thorough, contemporaneous VA examination in connection with the
current claim.  The pertinent private medical records concern
the 1991 surgery for a herniated nucleus pulposus and follow up
evaluation.  These reports do not mention any etiology for the
disability.

To ensure that the VA has met its duty to assist the claimant in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following development:

1.  The RO should obtain the names and
addresses of all medical care providers who
treated the veteran recently for any back
disability.  After securing the necessary
release, the RO should obtain these
records.

2.  The veteran should be afforded a VA
social and industrial survey to assess the
veteran's employment history and day-to-day
functioning.  A written copy of the report
should be inserted into the claims folder.

3.  The veteran should be afforded VA
orthopedic and neurologic examinations to
determine the current severity of his low
back disability.  The claims folder should
be made available to the examiners for
review before the examination.  All
additional studies deemed necessary for
complete evaluations should be obtained.
The orthopedic examiner should describe all
pertinent symptoms in detail and provide an
statement of range of motion, in degrees,
found on examination.  Finally, the
orthopedic examiner should provide an
opinion regarding the degree of probability
that the herniated nucleus pulposus L5-S1
is related to the service connected
lumbosacral strain.  The neurologic
examiner should identify the neurologic
findings related to lumbosacral strain or
postoperative herniated nucleus pulposus,
L5-S1.  The examiners should provide the
rationale for all opinions expressed.  Each
examiner should comment on the extent of
the functional impairment and the impact on
the veteran's ability to work.

4.  When the above development has been
completed the RO should readjudicate the
veteran's claim.  The ratings should
reflect consideration of the applicability
of the provisions of 38 C.F.R.
§ 3.321(b)(1) and, regarding
unemployability, § 4.16(b).

A supplemental statement of the case addressing all issues in
appellate status should then be prepared and furnished to the
veteran and his representative.  They should be provided the
applicable period in which to respond.  Thereafter, in accordance
with the proper appellate procedures, the case should be returned
to the Board for further appellate review, if otherwise in order.
In taking this action, the Board

implies no conclusion, either legal or factual, as to any final
outcome warranted.  No action is required of the veteran until he
is otherwise notified by the RO.

          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 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.  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).