BVA9501268 
DOCKET NO.  93-10 609     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to an increased evaluation for osteomyelitis of the
left tibia, currently rated 30 percent disabling.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

INTRODUCTION

The veteran had active service from November 1942 to August 1946.
This appeal arises from a July 1992 rating decision continuing a
30 percent disability evaluation for osteomyelitis of the left
tibia.

The veteran, in February 1993, initiated a claim for a total
rating for compensation purposes based on individual
unemployability.  This issue is referred to the originating
agency for appropriate action.

REMAND

It has been contended that the veteran's left tibia remains
severely infected with chronic drainage.  It has been asserted
that the June 1992 Department of Veterans Affairs (VA)
examination was inadequate as no findings relating to the
presence or absence of constitutional symptoms listed in
Diagnostic Code 5000 were made.  It is further asserted that the
laboratory studies required to make some of these findings were
not conducted.

It is herein noted that the veteran's representative has
requested that a separate 10 percent disability evaluation be
assigned for a left tibia scar.  The Board of Veterans' Appeals
(Board), having reviewed the record, finds that further
development is required.  Accordingly, the issue is being
REMANDED to the originating agency for the following action:

1.  The originating agency should request
copies of all of the treatment records,
both inpatient and outpatient, dated
subsequent to May 1992 from the VA Medical
Center, Orlando, Florida.  The report of a
June 23, 1992, evaluation at the Tampa VA
Medical Center, if conducted as reported on
the June 1992 VA examination for
compensation purposes, and any subsequent
records from that facility should also be
requested.  All documents obtained should
be associated with the veteran's claims
file.

2.  After obtaining the requested medical
records, the originating agency should
schedule the veteran for an orthopedic
examination to evaluate the current
severity of the osteomyelitis of the left
tibia.  All necessary tests and studies
should be performed and all clinical
manifestations should be reported in
detail.  Specific findings relating to the
presence, and frequency, of all
constitutional symptoms, including weight
loss and anemia, and any liver changes,
should be made.  The examiner should be
given access to the veteran's claims file
for a sufficient period of time to allow
for a review of the record in connection
with the examination.

3.  Upon completion of the above, the
originating agency should review this case,
and address the request for the assignment
of a separate 10 percent disability
evaluation for a left tibia scar.  A
supplemental statement of the case which
sets forth the evidence received since the
February 1993 supplemental statement of the
case should be issued to the veteran and
his representative.

The veteran and his representative should be given the
appropriate period of time in which to respond.  Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order.  No action is required of
the veteran until he receives further notice.

          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
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) (1993).