BVA9500678 
DOCKET NO.  93- 11 897    )       DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri

THE ISSUES

1.  Whether new and material evidence has been received to reopen
the claim for service connection for hepatitis.

2.  Entitlement to an increased disability evaluation for a left
leg disorder, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from September 1964 to
February 1987.

The veteran's original claim seeking service connection for
hepatitis was denied in a September 1987 rating decision by the
St. Louis, Missouri Regional Office (RO) of the Department of
Veterans Affairs (RO).  The veteran was notified of this
determination and of his procedural and appellate rights in
October 1987; however, he did not initiate an appeal within one
year of this notification.  The September 1987 rating decision,
therefore, became final.

In January 1991, the veteran sought to reopen his claim for
entitlement to service connection for hepatitis.  This matter
comes before the Board of Veterans' Appeals (Board) on appeal
from a May 1991 rating decision by the RO, which continued the
denial of the claim for entitlement to service connection for
hepatitis.  The veteran's claim seeking an increased disability
evaluation for his service-connected left leg disability was also
denied.

REMAND

The veteran and his representative contend, in part, that an
increased disability evaluation is warranted for the veteran's
service-connected left leg disorder.  It is maintained that the
veteran suffers from chronic pain and swelling, as well as
recurring edema.  Review of the evidentiary record reflects that
the veteran has not been afforded a current orthopedic
examination for the purpose of determining the degree of severity
associated with his left leg disability.

Under the circumstances of this case, the Board concludes that
additional medical 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 any sources of recent treatment
received by him for his hepatitis and
service-connected left leg 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 left leg disorder.  All
indicated tests and studies should be
performed and reported in accordance with
the VA I[nformation] B[ulletin] 11-56
Physician's Guide for Disability Evaluation
Examinations (March 1, 1985).  Range of
motion studies in all directions should be
indicated.  Any functional limitation of
the left leg 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.

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 either 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 and
reflects detailed reasons and bases for the decision reached.

The veteran and his representative should be given the
opportunity to respond thereto.  Thereafter, the case should 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.

          ALBERT D. TUTERA
          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 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).