BVA9507606 
DOCKET NO.  93-19 404     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Manila,
Philippines

THE ISSUE

Entitlement to an increased (compensable) evaluation for residual
scars due to a shrapnel wound of the right leg.

ATTORNEY FOR THE BOARD

J. W. Loeb, Counsel

INTRODUCTION

The veteran served on active duty during World War II.  This case
came before the Board of Veterans' Appeals (Board) on appeal from
a decision of the Department of Veterans Affairs (VA) Regional
Office (RO) in Manila, Philippines.

REMAND

A review of the record reveals that on the veteran’s most recent
VA compensation examination for rating purposes, in November
1991, a shell fragment scar was observed on the right leg,
however, it was not indicated whether the scarring was tender and
painful, ulcerated or resulted in any limitation of function.
The veteran contended in July 1993 that his service-connected
right leg disability causes pain.

VA has a duty to assist the veteran in the development of facts
pertinent to his claim under 38 C.F.R. § 3.103(a)(1994).  The
United States Court of Veterans Appeals has held that fulfillment
of the VA's duty to assist the veteran includes providing him
with a thorough and contemporaneous medical examination.  Littke
v. Derwinski, 1 Vet.App. 90, 92 (1990).

Accordingly, the Board finds that additional development is
warranted prior to final disposition of this case.  Therefore,
this case is being REMANDED to the RO for the following actions:

1.  The veteran should be permitted to
submit any additional evidence in his
possession that is pertinent to the issue
on appeal.  He should also be requested to
provide the names, addresses, and dates of
treatment of any physicians or facilities,
including the VA, that have treated him for
his service-connected right leg disability
since November 1991.  Any medical provider
identified should be asked for copies of
the veteran's clinical records.  Any
records obtained should be associated with
the claims folder.  The veteran should be
asked to sign any necessary consent forms
for release of his private medical records.

2.  The veteran should be given a special
orthopedic examination, in accordance with
the VA Physician's Guide for Disability
Evaluation Examinations, to determine the
current severity of his service-connected
residual shrapnel wound scars of the right
leg.  The examiner should obtain a recent
employment history from the veteran,
including notation of any time lost from
employment due to his right leg disability.
It should be specified whether the residual
scarring is tender and painful or
ulcerated.  All necessary tests and
studies, including range of motion studies
of the right leg, should be conducted, and
all findings should be reported in detail.
The examiner should give an opinion as to
the functional limitation caused by the
shrapnel wounds of the right leg from the
standpoint of a person working or seeking
work.

3.  The RO should then readjudicate the
issue on appeal, to include consideration
of all applicable diagnostic codes and
regulations, including the provisions of
38 U.S.C.A. § 5107(b) (West 1991), as well
as 38 C.F.R. §§ 3.321(b)(1), 4.7, and 4.40
(1994).

When the above actions have been completed, unless the benefit
sought is granted to the satisfaction of the veteran, he should
be provided with a supplemental statement of the case and given
the applicable time period to respond.  The case should then be
returned to the Board, if otherwise in order.  The veteran need
take no action until notified.

          THOMAS J. DANNAHER
          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) (1994).