BVA9501984 DOCKET NO. 93-11 200 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to service connection for a back disorder. REPRESENTATION Appellant represented by: American Red Cross ATTORNEY FOR THE BOARD Alice A. Booher, Counsel INTRODUCTION The veteran had active service from June 1973 to June 1975, and from September 1982 to July 1, 1992. This appeal is from a rating action by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas, in September 1992. REMAND The veteran's initial claim for service connection for back and foot disorders was received at the RO on July 20, 1992, less than 3 weeks after his separation from service. Service connection has been established for status, post plantar fascia release with fasciitis and calcaneal spur, left foot, with arthroplasties, proximal phalangeal joint, 5th digit, bilateral, evaluated as 10 percent disabling. Service medical records reflect evaluation for back pain in service concurrent with anesthesia given at the time of surgical procedures on his feet. The veteran avers that he has continued to have back problems ever since. In his Substantive Appeal, he argued that the RO denied his claim based on an examination in 1991, when his service records showed recurring back complaints on several occasions thereafter in 1992. He avers that he continues to have back problems, and that he is entitled to a VA examination and treatment for his problems, as well as vocational rehabilitation as a result. Given the evidence of record, the Board finds that it is reasonable to REMAND the case for additional development as follows: The veteran should be afforded a VA medical examination to determine the nature and extent of all current back complaints, their diagnoses and etiology. All necessary laboratory and other testing including X-rays should be conducted. The claims folder must be made available to the examiner prior to evaluating the veteran's case. Thereafter, the case should be reviewed by the RO using all evidence of record as well as applying all pertinent regulations. If the decision remains adverse to the appellant, a supplemental statement of the case should be provided, and the veteran and his representative should be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The veteran need do nothing further until so notified. RENÉE M. PELLETIER 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) (1993).