BVA9502957 
DOCKET NO.  93-08 632     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Entitlement to service connection for residuals of a low back
injury.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

John D. Nachmann, Associate Counsel

INTRODUCTION

The veteran had active military service from September 1990 to
July 1991.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a rating decision of November 1992 by the
Department of Veterans Affairs (VA) Montgomery, Alabama, Regional
Office (RO).

REMAND

During his August 1993 personal hearing, the veteran indicated
that he had been receiving treatment for his low back pain from
the VA Medical Center (VAMC) in Birmingham, Alabama, since 1991.
These records may contain information that is relevant to the
issue now before the Board and must therefore be obtained.  See
Ivey v. Derwinski, 2 Vet.App. 320 (1992).

In addition, the evidence of record reveals that the veteran has
not been afforded a VA examination, even though the duty to
assist includes the conduction of a thorough and contemporaneous
examination.  Wilson v. Derwinski, 2 Vet.App. 16, 21 (1991).

Therefore, in order to give the veteran every consideration with
respect to the present appeal, it is the Board's opinion that
further development of the case is warranted.  Accordingly, this
case is REMANDED for the following actions:

1.  The RO should contact the VAMC in
Birmingham, Alabama, in order to obtain
copies of all medical records pertaining to
the veteran.  All records obtained should
be associated with the veteran's claims
file.

2.  After the above action has been
completed to the extent possible, the
veteran should be afforded a special
orthopedic examination to in order to
ascertain the existence, nature, severity,
and etiology of any current low back
disorder.  If a low back disorder is found,
the examiner should express an opinion as
to the likelihood of a relationship, if
any, between the veteran's current disorder
and the symptoms manifested during active
service.  The claims file or copies of all
relevant records contained therein must be
made available to the examiner prior to and
during the examination for a complete study
of the case.

After completion of the requested development, the case should be
reviewed by the RO.  If the determination remains adverse to the
veteran, the case should be returned to the Board after
compliance with the provisions for processing appeals, including
the issuance of a supplemental statement of the case and
provision of the applicable time period for response thereto.

The purpose of this REMAND is to obtain additional development,
and the Board does not intimate any opinion as to the merits of
the case, either favorable or unfavorable, at this time.  No
action is required of the veteran until he is notified.

          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 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).