BVA9503867 DOCKET NO. 93-04 283 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUES 1. Entitlement to an extension of a temporary total rating for convalescence benefits beyond October 31, 1991. 2. Entitlement to a disability rating in excess of 20 percent for a low back disorder. 3. Entitlement to a total disability rating based on unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Margaret L. Peak, Associate Counsel INTRODUCTION The veteran had active service from December 1983 to November 1986. This matter came before the Board of Veterans' Appeals (Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. REMAND The veteran was provided a VA general medicine examination in March 1993; however, he has not been provided a recent VA orthopedic or neurological examination to assess the level of disability caused by his back disorder. Moreover, additional records pertinent to his claims may be available. In light of these circumstances, the Board concludes that further development is warranted. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him in recent years for service-connected disability. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. 2. When the above development has been completed, the veteran should be afforded VA orthopedic and neurologic examinations of his low back by appropriate board-certified specialists, if available, to determine the current nature and extent of all low back impairment present. The physicians should also comment on the impact of the veteran's low back disability on his employability. A VA internal medicine examination should be conducted to determine the current extent of the veteran's hypertension. The physician should comment on the impact of the veteran's hypertension on his employability. All studies indicated at any of the examinations should be performed. The claims folder and a copy of this REMAND should be provided to the examining physicians for review prior to their examinations of the veteran. 3. The veteran should be requested to provide an updated statement of his employment and education history. 4. When these developments have been completed, the RO should readjudicate the issues on appeal. The RO should consider the entire history of the service-connected disabilities and all potentially applicable regulations, as discussed in Schafrath v. Derwinski, 1 Vet.App. 589, 592-593 (1991). If the benefits sought on appeal are not granted to the veteran's satisfaction, the veteran and his representative should be given a supplemental statement of the case with regard to the additional developments and should also be afforded an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action by the veteran or his representative is required until they are otherwise notified. SHANE A. DURKIN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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) (1994).