BVA9500280 
DOCKET NO.  93-08 876     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased (compensable) evaluation for the
residuals of a comminuted fracture of the right tibia.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from May 1972 to December 1973.

This appeal arises from an October 1992 rating decision granting
service connection for the residuals of a comminuted fracture of
the right tibia and assigning a non-compensable disability
evaluation.

The veteran's representative points out that the veteran has not
been afforded an examination by the Department of Veterans
Affairs.  It has been requested that the veteran be scheduled for
an examination.  The representative notes that, while the veteran
requested a Travel Board hearing, he was scheduled for a hearing
with a hearing officer.  The veteran indicated that he could not
attend the hearing.

The Board of Veterans' Appeals (Board), having reviewed the
record, finds that further development is required.  Accordingly,
the issue is being REMANDED to the originating agency for the
following action:

1.  The originating agency should contact
the veteran in order to determine his
wishes regarding a hearing.

2.  The originating agency should schedule
the veteran for an orthopedic examination.
The express purpose of this examination is
to identify and evaluate the current
residuals of a comminuted fracture of the
right tibia.  All necessary tests should be
performed and all clinical manifestations
should be reported in detail.  Any func-
tional impairment must be reported.  The
examiner should be given access to the
veteran's claims file for a sufficient
period of time prior to the examination to
allow for a complete review of the record.

3.  Upon completion of the above, the
originating agency should review this
claim.  If any determination made is
unfavorable to the veteran, a supplemental
statement of the case which sets forth the
evidence received since the statement of
the case should be issued to the veteran
and his representative.

The veteran and his representative should be given the
appropriate period of time in which to respond.  Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order.  No action is required of
the veteran until he receives further notice.

          GARY L. GICK
          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.  38 C.F.R.
§ 20.1100(b) (1993).