BVA9503238 
DOCKET NO.  93-08 263     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Wichita, Kansas

THE ISSUE

Entitlement to an increased evaluation for low back strain,
currently evaluated at 10 percent.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

N. W. Fabian, Associate Counsel

INTRODUCTION

The veteran had active service from June 1988 to November 1990.

REMAND

When the veteran filed her initial claim for compensation in
1992, she submitted copies of some of her service medical
records.  Subsequent to the appeal being certified to the Board
of Veterans' Appeals (Board), the service department provided all
of the veteran's service medical records to the Department of
Veterans Affairs (VA) Regional Office (RO).  The service medical
records were then forwarded to the Board for consideration.  The
veteran did not waive initial consideration of this evidence by
the RO.

On her application, she listed several sources of post-service
medical treatment, the records of which have not yet been
requested.  For the foregoing reasons, the case is REMANDED for
the following:

1.  The RO should obtain the complete names
and addresses of all medical care providers
who treated the veteran for low back strain
since service separation.  After securing
the necessary release, the RO should obtain
these records.

2.  The veteran should be afforded a VA
orthopedic examination or neurologic
examination, if appropriate, in order to
determine the severity of the low back
strain..  All indicated tests should be
accomplished; range of motion should be
noted in degrees.  The examiner should
document any functional limitations due to
pain.

3.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.
Consideration should be given to the
provisions of 38 C.F.R. § 4.40 (1994).  If
any benefit sought on appeal remains
denied, the appellant and her
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, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless otherwise
notified.

          M. SABULSKY
          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).