BVA9502636 
DOCKET NO.  93-05 342     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New Orleans,
Louisiana

THE ISSUES

1.  Entitlement to an increased (compensable) disability
evaluation for service-connected residuals of a fracture of the
right little finger.

2.  Entitlement to an increased (compensable) disability
evaluation for service-connected hemorrhoids.

3.  Entitlement to service connection for bilateral hearing loss.

4.  Entitlement to service connection for tinnitus.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Alan S. Peevy, Associate Counsel

INTRODUCTION

The veteran had active military service from June 1976 to June
1984.

This case is before the Board of Veterans' Appeals (Board) on
appeal from a July 1992 rating decision by the New Orleans,
Louisiana, Regional Office (RO).  The veteran's notice of
disagreement was received in August 1992, and a statement of the
case was issued in September 1992.  The veteran appeared at a
personal hearing at the RO in October 1992, and the transcript of
this hearing has been accepted as the veteran's substantive
appeal.  A supplemental statement of the case was issued in
December 1992.

The veteran is represented by The American Legion.

In view of the following remand decision of the Board,
consideration of the issues of entitlement to service connection
for bilateral hearing loss and for tinnitus is being deferred.

REMAND

Although the veteran did not mention a fracture of the right
little finger or hemorrhoids in his February 1992 Veteran's
Application for Compensation or Pension (VA Form 21-526), the RO
found evidence of these disabilities in the veteran's service
medical records and granted service connection for both
disabilities (assigning noncompensable ratings) as part of its
July 1992 rating decision.  It appears that the RO's assignment
of noncompensable ratings was based in large part on the report
of a March 1992 Department of Veterans Affairs (VA) medical
examination which showed no pertinent complaints or clinical
findings.  However, that examination report only summarily refers
to examination of the musculoskeletal system as being negative
and does not contain any detailed findings pertinent to the right
little finger.  In fact, it appears that an x-ray study of the
right little finger was not even accomplished.  Moreover, with
regard to the issue of an increased rating for hemorrhoids, the
report of the March 1992 VA examination discloses that a rectal
examination was not even accomplished.

It may very well be, given the fact that the veteran did not
expressly file a claim based on a fracture of the right little
finger or hemorrhoids, that the examiner who conducted the March
1992 VA examination was not even aware that those disabilities
were to be service-connected and thus did not focus on them
during the examination.  However, regardless of the reasons for
the lack of pertinent detail in the examination report, the Board
cannot view the March 1992 VA examination as adequate for
purposes of rating the veteran's service-connected residuals of a
fracture of the right little finger and hemorrhoids.  VA's duty
to assist the veteran includes an obligation to obtain a new
examination under such circumstances.  Littke v. Derwinski, 1
Vet.App. 90 (1990).

Accordingly, the case is hereby REMANDED to the RO for the
following actions:

1.  The veteran should be scheduled for
VA general medical and orthopedic
examinations for the purpose of
ascertaining the current severity of
his service-connected residuals of a
fracture of the right little finger and
his service-connected hemorrhoids.  The
claims file should be made available to
the examiners for review prior to the
examinations.  The examinations should
be accomplished according to the
guidelines set forth in the VA's
Physician's Guide for Disability
Evaluation Examinations, and all
indicated tests, including radiological
studies of the right little finger,
should be accomplished.

2.  After completion of the above, the
RO should review the claims file and
determine whether compensable
disability ratings can be assigned for
either of the veteran's service-
connected disabilities.  Regardless of
the RO's determination as to the
increased rating issues, the veteran
and his representative should be
furnished a supplemental statement of
the case addressing both increased
rating issues.  The supplemental
statement of the case should set forth
a summary of the evidence, a citation
to and discussion of applicable laws
and regulations, and a detailed
analysis of the reasons for the RO's
decision.  After affording the veteran
and his representative a reasonable
opportunity to respond, the case should
be returned to the Board for further
appellate review of all issues
remaining in appellate status.

The purpose of this decision is to ensure that the veteran is
afforded an adequate medical examination for rating purposes.
The Board intimates no opinions as to the eventual determinations
to be made in this case.

          G. H. SHUFELT
          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) (1993).