BVA9501343 
DOCKET NO.  93-11 942     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to service connection for levo-scoliosis of the upper
dorsal spine and dextro-scoliosis of the lower dorsal spine.

REPRESENTATION

Appellant represented by: AMVETS

ATTORNEY FOR THE BOARD

M. Auer, Counsel

REMAND

The veteran served on active duty from October 1989 to June 1990.

This appeal arises from a December 1992 rating decision of the
Department of Veterans Affairs (VA), St. Petersburg, Florida,
Regional Office (RO).  In that decision, service connection for
levo-scoliosis of the upper dorsal spine and dextro-scoliosis of
the lower dorsal spine was denied.

A review of the veteran's claims file shows that it does not
contain a copy of his service medical record.  The VA has a duty
to assist the veteran in the development of facts pertinent to
his claim under 38 C.F.R. § 3.103(a) (1993).  The United States
Court of Veterans Appeals (Court) has held that fulfillment of
the VA's duty to assist the veteran includes the procurement and
consideration of any relevant medical records.  Ferraro v.
Derwinski, 1 Vet.App. 326, 334 (1991).

The Board of Veterans' Appeals (Board) finds that the
actions ordered below are warranted even though the
development will further delay the entry of a final
decision in this appeal.  Accordingly, the claim is
REMANDED for the following actions:

1.  The RO should attempt to obtain the
original or copies of the veteran's service
medical records and attach them to the
claims file.

2.  The RO should contact the veteran and
ask him to furnish the names and addresses
of all medical personnel and facilities
from whom he has received treatment for the
disabilities at issue since his discharge
from service.  After obtaining the
necessary authorization from the veteran,
the RO should obtain available records from
the named sources.

3.  The RO should obtain any available
treatment records from the VA hospitals or
medical centers where the veteran has
received treatment since discharge from
service.

The RO should then review the veteran's claims in light of all
the evidence and applicable legal criteria.  If his claim remains
denied, the veteran and his representative should be provided
with a supplemental statement of the case that includes any
additional pertinent law and regulations and a full discussion of
the evidence in his case.  The appropriate response time should
be allowed.  The case should be returned to the Board, if in
order, after compliance with all regulatory appellate procedures.
No action is required of the veteran until he is so informed.
The Board intimates no opinion as to the ultimate decision
warranted in this case, pending completion of the requested
development.  The Board is deferring consideration of the other
issue on appeal pending completion of the above-requested
development.

          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).