BVA9503710 
DOCKET NO.  93-14 098     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Newark, New
Jersey

THE ISSUE

Entitlement to an increased rating for residuals of lumbar
laminectomy with spinal fusion, currently evaluated as 40 percent
disabling.

REPRESENTATION

Appellant represented by:  Veterans of Foreign Wars of the United
States

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

INTRODUCTION

The appellant had active duty from September 1962 to December
1963.

This appeal arises from an April 1991 rating decision of the
Newark, New Jersey, regional office (RO).  In that decision, an
increased rating for residuals of lumbar laminectomy was denied.
The appellant subsequently raised the issue of entitlement to a
total disability rating for compensation based on individual
unemployability (TDIU), and submitted a formal application in
June 1992.  A typed but undated and unsigned rating decision
denied TDIU; there is no indication that any notice of this
purported action was sent to the appellant.  This matter is
referred to the RO for appropriate action.

REMAND

The appellant's representative contends that the June 1992
disability evaluation examination by the Department of Veterans
Affairs (VA) is inadequate for rating purposes.  Clinical data
recently added to the record reflects that the veteran was seen
by Robert L. While, M.D., in August 1984 for severe lumbar and
left sciatic pain and was admitted as an emergency to Springhill
Memorial Hospital.  These records indicate that the veteran was
being followed by a VA Clinic in Mobile, Alabama.

To ensure that VA has met its duty to assist the claimant in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO.  It appears that the appellant has moved from New Jersey
to Florida after the case was received at the Board.  The RO
should coordinate the requested action with the appropriate VA
facility for completion of the following development:

1.  The RO should request the veteran to
identify all sources of medical treatment
for back complaints in the recent past.
The RO should obtain copies of medical
records from all sources he identifies
which are not already of record.

2.  The appellant should be afforded a VA
orthopedic examination to determine the
current extent of the service-connected
residuals of lumbar laminectomy.  The
claims folder, together with the additional
evidence received after the file was
transferred to the Board, should be made
available to the examiner for review before
the examination.  All indicated tests and
studies should be performed and recorded in
legible detail.  The examiner should obtain
and record a detailed personal and
employment history from the appellant.  To
the extent possible, the examiner should
express an opinion as to whether the
service-connected back disability makes it
impossible for the appellant to maintain
substantially gainful employment.  The
rationale for the conclusion reached should
be recorded.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If any
benefit sought on appeal, for which a notice of disagreement has
been filed, remains denied, the appellant and representative
should be furnished a supplemental statement of the case and
given the applicable opportunity to reply.  Thereafter, the case
should be returned to the Board, if in order.  The Board
intimates no opinion as to the ultimate outcome of this case.
The appellant need take no action until so notified.

          GARY L. GICK
          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 deter-
mination.  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) (1994).