BVA9501068 
DOCKET NO.  93-07 701     )       DATE
          )
          )

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

THE ISSUES

1.  Entitlement to an effective date earlier than April 1, 1990,
for a 40 percent disability evaluation for service-connected
recurrent dislocation, right shoulder (major).

2.  Entitlement to an increased disability evaluation for
service-connected recurrent dislocation, right shoulder (major),
currently evaluated as 40 percent disabling.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from June 1978 to
February 1985.

This matter came before the Board of Veterans' Appeals
(hereinafter Board) on appeal from an August 1991 rating decision
of the St. Petersburg, Florida, Regional Office (RO) of the
Department of Veterans Affairs (VA), which implemented the
Board's July 1991 decision that held that the veteran was now
considered right-handed for rating purposes and was entitled to a
40 percent disability evaluation for the right shoulder disorder.

REMAND
The veteran and his representative contend, in part, that he is
entitled to an effective date earlier than April 1, 1990, for a
40 percent disability evaluation for his service-connected
recurrent dislocation of the right shoulder (major).  The Board
observes that the RO has denied the veteran's claim on the basis
that in the absence of evidence of clear and unmistakable error
in the April 3, 1986, rating decision and the Board's November
13, 1986, decision, an effective date earlier than April 1, 1990,
is not warranted.  In this regard, the Board notes that the
veteran has not been informed of the applicable regulations
referable to finality of decisions of the Board.  It is necessary
that the veteran be apprised of all applicable regulation which
have an effect on his appeal in order to ensure that his due
process rights are not violated.
It is also maintained that the 40 percent disability evaluation
currently assigned for the veteran's service-connected recurrent
dislocation of the right shoulder (major) is inadequate to
compensate him for the effects of that disability.  In this
regard, the accredited representative has advanced contentions
that the veteran has not been afforded a current orthopedic
examination for the purpose of determining the nature and
severity of his right shoulder disability.

Under the circumstances of this case, the Board concludes that
additional development of the record would be beneficial prior to
appellate disposition.  Accordingly, further appellate
consideration will be deferred and the case is REMANDED to the RO
for the following action:

1.  The veteran should be requested to
identify all sources of recent treatment
received by him for his service-connected
right shoulder disorder, and to furnish
signed authorizations for release to the VA
of private medical records in connection
with each non-VA source he identifies.
Copies of the medical records from all
sources he identifies (not already in the
claims folder) should then be requested.
All records obtained should be added to the
claims folder.

2.  The RO should schedule the veteran for
an orthopedic examination for the purpose
of determining the current severity of his
service-connected right shoulder
disability.  All indicated tests and
studies should be performed and reported in
accordance with the VA Physician's Guide
for Disability Evaluation Examinations.
Range of motion studies in all directions
should be indicated.  Any functional
limitation of the right shoulder due to
pain should be reported.  The claims folder
should be made available and reviewed by
the examiner prior to the examination of
the veteran.

3.  After the above development has been
completed, the RO should review the
evidence and determine whether the
veteran's claims may now be granted.  If
the determination remains adverse to the
veteran, he and his representative should
be furnished a supplemental statement of
the case which summarizes the pertinent
evidence, fully cites the applicable legal
provisions, including 38 U.S.C.A. §§ 7103,
7104 (West 1991); 38 C.F.R. §§ 20.1000,
20.1001, 20.1100 and 20.1104 (1993), and
reflects detailed reasons and bases for the
decision reached.

Thereafter, the veteran and his representative should be given
the opportunity to respond.  The case should then be returned to
the Board for further appellate consideration, if otherwise in
order, following appropriate appellate procedures.  The purpose
of the REMAND is to further develop the record.  The Board does
not intimate any opinion, either factual or legal, as to the
ultimate disposition warranted in this case.  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).