BVA9507997 
DOCKET NO.  93-02 991     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Albuquerque,
New Mexico

THE ISSUE

Entitlement to service connection for a low back disability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Robert B. Swanson, Associate Counsel

INTRODUCTION

The veteran had active service from June 1969 to June 1982.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a September 1990 rating decision by the Department
of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New
Mexico.

REMAND

After reviewing the record on appeal, the Board finds that
additional development is necessary before the appealed issue can
be resolved.  The veteran is seeking service connection for a low
back disability, which she contends had its onset in service.  In
October 1994, the Board remanded her claim to the RO, and asked
the RO to schedule her for a special VA orthopedic examination.
The record indicates that an examination was scheduled for
February 22, 1995, but the veteran did not appear for the
examination.  Her representative strongly objects to the lack of
any documentation indicating that the veteran had been given
notice of the scheduled examination.  To ensure that the veteran
was notified of the examination, a copy of the notice needs to be
associated with the claims file, and if the notice is
unavailable, another examination should be scheduled.
Accordingly, the case is REMANDED to the RO for the following
action:

1. The RO should secure and associate with
the claims file a copy of the appointment
notice of the February 1995 special VA
orthopedic examination, which was sent to
the appellant.

2. If the above referenced notice is not
available, the RO should schedule the
veteran for a special VA orthopedic
examination as well as any other special
examination deemed necessary by the
examiner to determine the nature and extent
of the veteran's disabilities.  All
necessary tests and studies should be
accomplished, and all clinical
manifestations should be reported in
detail.  The claims folder should be made
available to all examiners, and reviewed
prior to all examinations.  A copy of the
appointment notice must be associated with
the claims file.

3. If a copy of the February 1995
appointment notice is associated with the
claims file or the veteran fails to attend
a second scheduled examination, the case
should be returned to the Board.  If any
examinations are conducted, the RO should
review the veteran's claim.  If the
determination is unfavorable to the
veteran, a supplemental statement of the
case should be sent to the veteran and to
her representative.  The supplemental
statement of the case should set forth the
evidence added to the record since the May
1992 statement of the case, any legal
authority relied upon that was not
previously cited, the decision, and the
bases for the decision.  After the
supplemental statement of the case is sent,
the veteran and her representative should
be given the appropriate time in which to
respond.  Thereafter, subject to appellate
procedures, the case should be returned, if
appropriate, to the Board for further
consideration.

The purpose of this REMAND is to secure clarifying data.  No
action is required by the veteran until she receives further
notice.

          WAYNE M. BRAEUER
          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 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).