BVA9501507 
DOCKET NO.  93-10 204     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUES

1.  Entitlement to an evaluation in excess of 20 percent for
arthritis of the cervical spine, residuals of fracture of C2 and
C4.

2.  Entitlement to an evaluation in excess of 10 percent for
chronic lumbosacral strain.

3.  Entitlement to a compensable evaluation for a sprain of the
right ankle.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Jeffrey J. Schueler, Associate Counsel

REMAND

The veteran had active duty from November 1942 to December 1945,
from August 1946 to February 1947, from December 1951 to
September 1955, and from November 1960 to November 1961.  In a
December 1992 rating decision, the regional office increased the
veteran's disability rating to 20 percent for the cervical spine
disorder and to 10 percent for lumbosacral strain.  The veteran
has requested that his appeal continue.

The veteran's right ankle disability is assigned Diagnostic Code
5271 for limited motion of the ankle.  The evidence of record
regarding the veteran's claim for an increased evaluation of the
right ankle disability consists of a September 1992 Department of
Veterans Affairs (VA) examination x-ray report and a notation in
a private medical report dated in July 1992.  Neither document
discusses the range of motion of the veteran's right ankle, and
the disability cannot properly be evaluated without that
information.  The case will, therefore, require an additional VA
orthopedic examination of the veteran's right ankle disability.

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is REMANDED
to the regional office (RO) for the following development:

1.  The RO should obtain and associate with
the claims folder all treatment records
pertaining to the veteran's cervical spine,
lumbosacral strain, and right ankle
disabilities, from the Birmingham, and the
Montgomery, Alabama, VA Medical Centers
since 1987.

2.  The veteran should be afforded a VA
orthopedic examination to determine the
nature and severity of the veteran's
cervical spine, lumbosacral strain, and
right ankle disabilities.   The ranges of
motion for each disability should be
reported in degrees of arc.   The examiner
should be requested to state whether, with
respect to the cervical spine, a
demonstrable deformity of a vertebral body
is present.  The claims folder should be
made available to the examiner for review
before the examination.

3.  In addition, the examiner should be
requested to express an opinion whether any
limitation of motion of the lumbar and
cervical spine is slight, moderate or
severe.  The examiner should also be asked
to state, if possible, the extent that
cervical and lumbar impairment is due to
the effect of non-service-connected
disorders.  If the examiner determines that
there is limited motion of the right ankle,
then an opinion should be expressed whether
such limited motion is moderate or marked.
The examination should be conducted in
accordance with the procedures set forth in
the VA Physician's Guide for Disability
Evaluation Examinations (1985).

4.  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 opportunity to respond thereto.

Thereafter, the case should be returned to the Board of Veterans'
Appeals (Board),

if in order.  The Board intimates no opinion as to the ultimate
outcome of this case.

          JOHN E. ORMOND
          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).