BVA9505093 
DOCKET NO.  93-15 670     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Louisville,
Kentucky

THE ISSUES

1.  Entitlement to an increased rating for a low back disability,
currently rated 20 percent disabling.

2.  Entitlement to a total compensation rating based on
individual unemployability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Mark J. Swiatek, Counsel

REMAND

The veteran's active duty from January 1975 to October 1980 has
been verified.  On the initial compensation application, he
reported entering active service in June 1960.

This matter comes before the Board of Veterans' Appeals (Board)
from an April  1992 decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in Louisville, Kentucky.

The record reflects that the most recent comprehensive orthopedic
evaluation was completed in September 1991.  The reports of
subsequent treatment for low back complaints do not include an
acceptable statement of the range of motion or other pertinent
orthopedic findings to permit an informed determination regarding
the extent of his disability.  A July 1992 VA neurodiagnostic
evaluation disclosed left lower extremity involvement.  However,
at a November 1992 hearing the veteran stated that he experienced
tingling of both feet.  He also testified concerning his previous
employment.  The Board observes that an attempt to verify the
reason for his termination was not successful.

The Board notes that shortly after the appeal was transferred to
the Board in 1993, the veteran submitted additional medical
evidence pertinent to the claim to the RO.  The evidence was then
transferred to the Board.  No waiver was filed with this
evidence.

To ensure that the 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 RO for the following development:

1.  The RO should attempt to verify,
through official channels, the veteran's
periods of military service.

2.  The RO should obtain the names and
addresses of all medical care providers who
treated the veteran recently for his
service-connected back disability.  After
securing the necessary release, the RO
should obtain these records.  At the same
time, the veteran should be asked to
provide the complete name and address of
his last employer.  The RO should document
all attempts to obtain information
regarding the veteran's termination of
employment.

3.  The veteran should be afforded a VA
social and industrial survey to assess the
veteran's employment history and day-to-day
functioning.  A written copy of the report
should be inserted into the claims folder.

4.  The veteran should be afforded VA
orthopedic and neurologic examinations to
determine the current severity of his low
back disability.  The claims folder should
be made available to the examiners for
review before the examination.  All
additional studies deemed necessary for
complete evaluations should be obtained.
The neurologic examiner should determine if
there is bilateral lower extremity
involvement of the veteran's neurologic
symptoms.  The orthopedic examiner should
describe all pertinent symptoms in detail
and provide an statement of range of
motion, in degrees, found on examination.
Each examiner should comment on the extent
of the functional impairment and the impact
on the veteran's ability to work.

5.  When the above development has been
completed the RO should readjudicate the
veteran's claim.  The ratings should
reflect consideration of the applicability
of the provisions of 38 C.F.R.
§ 3.321(b)(1) and, regarding
unemployability, § 4.16(b).

A supplemental statement of the case addressing all issues in
appellate status should then be prepared and furnished to the
veteran and his representative.  They should be provided the
applicable period in which to respond.  Thereafter, in accordance
with the proper appellate procedures, the case should be returned
to the Board for further appellate review, if otherwise in order.
In taking this action, the Board implies no conclusion, either
legal or factual, as to any final outcome warranted.  No action
is required of the veteran until he is otherwise notified by the
RO.

          CHARLES E. HOGEBOOM
          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 deter-
mination.  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.  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).