BVA9508234 
DOCKET NO.  93-15 576     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUES

Entitlement to service connection for a low back disability

Entitlement to an increased rating for residuals of a right
medial meniscectomy, currently rated 10 percent disabling

REPRESENTATION

Appellant represented by: Georgia Department of Veterans
Service

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

R. T. Jones, Counsel
INTRODUCTION

The veteran served on active duty from July 1970 to April 1973
and from July 1973 to July 1978.

This matter comes to the Board of Veterans' Appeals (Board) on
appeal of rating decisions of the Atlanta, Georgia, Regional
Office (RO) of the Department of Veterans Affairs (VA).  In
November 1990, the RO denied an increase in a 10 percent rating
for the veteran's service-connected right knee disorder, and in
September 1991, the RO denied an application to reopen a claim
for service connection for a low back disorder.

A review of the file reflects that the RO originally denied
service connection for a low back disorder in July 1984, and
issued a statement of the case on that issue in December 1984,
after the veteran had initiated an appeal by timely filing a
notice of disagreement.  The veteran subsequently testified at a
hearing at the RO later in December 1984, and he was informed
that he would be notified of a decision regarding his appeal.
The file does not reflect that he was notified following a
February 1985 rating decision continuing the denial of service
connection.  The veteran's hearing testimony apparently was not
accepted in lieu of a properly completed VA Form 1-9, and the
Board is of the opinion that this should have been done.  See 38
C.F.R. § 20.202 (1994).  Service connection for a low back
disability should therefor be adjudicated on a de novo basis.

REMAND

After a May 1992 supplemental statement of the case was issued, a
report of an April 1994 VA compensation examination and recent VA
outpatient treatment records have been received at the Board.
This evidence is pertinent to the veteran's claim, and was not
reviewed by the RO or covered in a supplemental statement of the
case, as required by 38 C.F.R. § 20.1304(c) (1994).

In light of all of the above, the case is REMANDED for the
following:

The RO should review the entire file,
including recently received records.  The
veteran's claim for service connection for
a low back disability should be adjudicated
on a de novo basis.

If the claims are denied, the veteran and his representative
should be issued a supplemental statement of the case, and they
should be given an opportunity to respond.

          EUGENE A. O'NEILL
          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) (1994).