BVA9508124 
DOCKET NO.  93-14 152     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Providence,
Rhode Island

THE ISSUES

1.  Whether new and material evidence has been submitted to
reopen a claim of entitlement to service connection for a back
disorder, secondary to service-connected bilateral pes planus.

2.  Entitlement to an increased evaluation for bilateral pes
planus, currently rated as 30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

John D. Nachmann, Associate Counsel

INTRODUCTION

The veteran had active service from August 1951 to August 1955.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a rating decision of October 1992 by the
Department of Veterans Affairs (VA) Providence, Rhode Island,
Regional Office (RO).

In a March 1993 statement, the veteran raised the issues of
entitlement to a total rating based on individual unemployability
due to service-connected disabilities and entitlement to service
connection for depression, secondary to service-connected
disabilities.  These issues have not been developed or certified
for appellate consideration and are therefore referred to the RO
for appropriate action.

REMAND

By decision in April 1988, the Board denied the veteran's claim
of entitlement to service connection for a chronic back disorder.
At that time, the Board noted that although the evidence of
record indicated that the veteran's service-connected bilateral
pes planus may have exacerbated the veteran's underlying back
disorder, the evidence of record did not demonstrate that the
veteran's chronic back disorder had been caused by his service-
connected bilateral pes planus.

In Allen v. Brown, No. 93-245 (U.S. Vet. App. Mar. 17, 1995), the
United States Court of Veterans Appeals (Court) concluded that
under the laws and regulations applicable to the VA, when
aggravation of a veteran's non-service-connected condition is
proximately due to or the result of a service-connected
condition, the veteran shall be compensated for the degree of
disability (but only that degree) over and above the degree of
disability existing prior to the aggravation.  Since this
decision was only recently promulgated, a determination as to the
degree, if any, that the veteran's non-service-connected back
disorder has been aggravated by his service-connected bilateral
pes planus has not been made.  The Board finds that such a
determination should be made as the report of a July 1992 VA
examination discloses that the veteran had developed degenerative
joint disease of the lumbar and thoracic spine that was
accelerated by the veteran's gait problems which were produced by
his pes planus.

Therefore, in order to give the veteran every consideration with
respect to the present appeal, it is the Board's opinion that
further development of the case is warranted.  See Ivey v.
Derwinski, 2 Vet.App. 320, 322-3 (1992).  Accordingly, this case
is REMANDED for the following actions:

1.  The veteran should be afforded a
special orthopedic examination in order to
determine the nature and severity of his
bilateral pes planus.  The claims file or
copies of all relevant records contained
therein must be made available to the
examiner prior to and during the
examination for a complete study of the
case.

2.  The veteran should be afforded a
special orthopedic examination in order to
assess the nature and severity of his back
disorder.  The examiner should be asked to
render an opinion as to the degree of
aggravation of the veteran's back disorder
as a result of his service-connected
bilateral pes planus over the degree of
disability existing prior to the
aggravation.  The claims file or copies of
all relevant records contained therein must
be made available to the examiner prior to
and during the examination for a complete
study of the case.

3.  After the above development has been
completed, the RO should again review and
adjudicate the issue of whether new and
material evidence has been submitted to
reopen a claim of entitlement to service
connection for a back disorder, secondary
to service-connected bilateral pes planus
pursuant to Allen v. Brown, a copy of which
is enclosed in the claims file.
In addition, after completion of the requested development, the
RO should review the veteran's claim of entitlement to an
increased evaluation for bilateral pes planus.  If any
determination remains adverse to the veteran, the case should be
returned to the Board after compliance with the provisions for
processing appeals, including the issuance of a supplemental
statement of the case and provision of the applicable time period
for response thereto.

The purpose of this REMAND is to obtain additional development,
and the Board does not intimate any opinion as to the merits of
the case, either favorable or unfavorable, at this time.  No
action is required of the veteran until he is notified.

          WARREN W. RICE, JR.
          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) (1994).