BVA9501742 
DOCKET NO.  93-07 196     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Fort Harrison,
Montana

THE ISSUE

Whether there was clear and unmistakable error in the December
13, 1947 rating decision.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

J.W. Engle, Counsel

REMAND

The veteran had active duty from April 1943 to December 1945.

Review of the record reveals an allegation of error regarding the
appellant's service-connected residuals of a gunshot wound which
were awarded a 10 percent disability evaluation pursuant to
Diagnostic Code 5314 by rating decision dated on December 13,
1947.  Specifically, there is question as to the true trajectory
of the bullet through the appellant's body and consequently, as
to the affected muscle group or groups.  The appellant has argued
that a second (unrated) muscle group must be involved based upon
the findings noted on VA examination in November 1947, which
indicated that the appellant sustained a through and through
injury.  However, that examination report, as well as subsequent
findings noted on VA examination in November 1992 do not specify
the muscle group or groups damaged in the whole track of the
missile.

To ensure that the Department of Veterans Affairs (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 regional office for the
following development:

1.  The veteran should be afforded a VA
examination along with a medical review of
the record to determine the actual path of
the bullet and specify the muscle group or
groups involved.  The examiner is requested
to specifically locate the entrance and
exit wound scars and obtain color
photographs of each scar with the
appellant's consent.  The examiner's
attention is directed to the service
medical records as well as the VA
examination reports dated in 1947, 1991 and
1992.  The examiner should further envision
the specific path of the bullet and
identify the muscle group or groups damaged
in the course of the bullet as limited by a
review of the evidence previously of record
during and prior to 1947.

2.  The claims folder must be made
available to the examiner for review prior
to the examination.  The examination report
should be associated with the claims
folder.

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 unless otherwise
notified.

          C.P. RUSSELL
          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).