BVA9501952 
DOCKET NO.  93-11 853     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Pittsburgh,
Pennsylvania

THE ISSUE

Entitlement to service connection for a back disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The appellant

ATTORNEY FOR THE BOARD

Jeffrey A. Pisaro, Counsel

INTRODUCTION

The veteran had active service from August 1989 to January 1991.
This appeal arises from a May 1991 rating decision of the
Pittsburgh, Pennsylvania, Regional Office (RO).

REMAND

The veteran injured his back on two occasions during service.  An
initial strain occurred in April 1990 during fitness training,
with a subsequent injury in June 1990 when the veteran fell at
home.  A June 1990 hospital narrative indicates that x-rays
showed bilateral spondylolysis, and a bone scan showed a slight
uptake on the right side of L5 which was interpreted as not being
traumatic.  The diagnoses were spondylolysis and low back pain.
A November 1990 Physical Evaluation Board report indicates that
x-rays showed bilateral spondylolysis without any obvious
spondylolisthesis.  The final diagnoses were spondylolysis which
existed prior to enlistment, and low back pain which did not
exist prior to enlistment.

A May 1991 VA rheumatology examination report indicates that
spine x-rays with flexion and extension showed bilateral L5
spondylolysis and a small amount of forward movement of L5 with
extension.  The impression was spondylolysis with a small amount
of spondylolisthesis of L5.  A neurosurgery consultation was
recommended to determine the stability of the spine and to
determine whether low back pain was due to spondylolysis.

The veteran executed VA form 21-4142 in March 1991 to obtain
records from Millington Naval Hospital.  All records, especially
diagnostic tests such as x-rays and bone scan, would be of
assistance in evaluating this case.  The duty to assist includes
affording the veteran a thorough and contemporaneous examination
that takes into account the records of prior medical treatment.
Green v. Derwinski, 1 Vet.App. 121 (1991).  This is to ensure
that the evaluation of a disability is a fully informed one.
Following the gathering of all medical records, the veteran
should be afforded a VA orthopedic examination.

Under the circumstances of this case, the Board finds that
further assistance is required.  Accordingly, the case is
REMANDED to the RO for the following actions:

1.  The RO should directly contact the
Millington Naval Hospital and request all
available medical records, to include x-
rays and bone scans, from April 1990 to
January 1991.  Any records received should
be associated with the claims folder.

2.  Following completion of above
development, the veteran should be afforded
a VA orthopedic examination to determine
the nature and extent of all disability of
the low back.  All indicated tests should
be accomplished.  It is imperative that the
physician reviews the entire claims folder
in connection with the examination and all
disability should be evaluated in relation
to its history.  The examination report
should provide complete diagnoses, and the
examiner should express an opinion as to
the date of onset of all back disability
found, to include the degree of
probability, if any, that low back pain
and/or any low back disability diagnosed
resulted from injuries suffered during
service.

3.  When the above developments have been
completed, the case should be reviewed by
the RO.  If the decision remains adverse to
the veteran in any way, he and his
representative should be furnished with a
supplemental statement of the case.  They
should then be afforded the applicable time
to respond.

Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.  The veteran need take no action
until he is further informed.  The purpose of this REMAND is to
obtain additional information and to ensure due process of law.
No inference should be drawn regarding the final disposition of
the claim as a result of this action.

          CHARLES E. HOGEBOOM
          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).