BVA9503315 
DOCKET NO.  93-07 246     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in North Little
Rock, Arkansas

THE ISSUES

Entitlement to service connection for scoliosis of the lumbar and
thoracic segments of the spine, based upon aggravation of a
congenital condition.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Heather J. Harner, Associate Counsel
REMAND

The veteran had active duty from February 1991 to June 1991.

The veteran contends that his preexisting scoliosis was
aggravated by his military service.

On an examination prior to entrance into service in February
1991, radiographic studies reportedly showed long thoracolumbar
curve convexity to the right, which measured 15 degrees.  In June
1991, the veteran was seen with increased pain upon physical
activity for the past 2 to 4 months.  It was noted that he had an
8-year history of scoliosis.  X-rays reportedly revealed a 25-
degree levoscoliosis of the upper thoracic spine and a 30-degree
dextroscoliosis.  Radiographic studies by the Department of
Veterans Affairs (VA) in August 1991 reflected scoliosis of the
thoracic spine with convexity to the right and lumbar spine with
convexity to the left of mild to moderate extent.  On examination
for the Texas Rehabilitation Commission in December 1991, it was
reported that he had a 35-degree dorsal lumbar scoliosis to the
left.  It was recommended that he be considered for
rehabilitation and that he have additional radiographic studies
in one year.

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 (RO)
for the following development:

1.  The RO should obtain the X-ray films
taken in conjunction with the orthopedic
examinations performed in February 1991
(prior to the veteran's entrance into
service), in June 1991 (when the veteran
was discharged from service), and in August
1991 (pursuant to a VA orthopedic
examination).

2.  The veteran should also be requested to
provide the names and approximate dates of
any further radiographic studies of his
spine since December 1991.  In addition, he
should be requested to provide the names of
any health care providers who have treated
him for his scoliosis either prior to
service or since his discharge from
service.  Those records should be obtained
and associated with the claims folder.

3.  Thereafter, the  RO should arrange for
an orthopedic examination of the veteran to
determine the current status of his spinal
disability.  The examination should include
radiographic studies of the thoracic and
lumbar segments of the spine unless there
are recent (1994) studies obtained pursuant
to the above-requested development.

4.  After the requested development has
been completed, a medical opinion should be
obtained by the RO from a board-certified
radiologist describing the X-ray films of
the veteran's spine taken before, during,
and after the veteran's period of service.
The veteran's claims file should be made
available, along with the X-ray films.  The
radiologist should specifically discuss and
compare the pre-service finding that the
veteran's spine was mildly curved at a 15-
degree angle with the findings of 25- and
30-degree curvature in June 1991.  The
radiologist should review the subsequent X-
ray films for comparison as well to
determine whether there has been a
permanent increase in the curvature.

5.  After the development requested above
has been completed, 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 his
representative should be furnished a
supplemental statement of the case and
given the opportunity to respond.

Thereafter, the case should be returned to the Board, if in
order.  The purpose of this remand is to assist the veteran in
the development of his claim.  The Board intimates no opinion as
to the ultimate outcome of this case.  The appellant need take no
action unless otherwise notified.

          V. L. JORDAN
          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).