BVA9508081 DOCKET NO. 93-13 611 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased rating for post-traumatic stress disorder, currently rated as 10 percent disabling. 2. Entitlement to service connection for disability involving the thoracic and cervical spines, to include degenerative disc disease, arthritis, scoliosis and a bilateral arm disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Andrew Ahlberg, Associate Counsel INTRODUCTION The veteran served on active duty from August 1968 to December 1970. This case comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from adverse rating action by the St. Petersburg, Florida, Regional Office (hereinafter RO). REMAND The service medical record indicate the veteran sustained a compression fracture at L1 involving some posterior displacement after he was involved in a helicopter accident in May 1970. Treatment included a body cast and the veteran described lumbar and thoracic back aches during service after this accident. After service, a VA orthopedic examination conducted in August 1971 showed the veteran describing constant low back pain that extended up to the mid-portion of his back. He also described tightness and cramping in the muscles of the back of his neck. X-rays of the lumbar and thoracic spines taken at that time were negative and the assessment was paravertebral myositis of the upper lumbar area. An April 1986 VA X-ray report showed minimal scoliosis convex to the right at the junction of the cervical and thoracic spines; minimal disc space narrowing and osteophyte formation at C6-C7; mild scoliosis convex to the right at the junction of the thoracic and lumbar spines with compensatory upper and mid thoracic spine changes, and mild hypertrophic changes of multiple mid and lower thoracic vertebrae. A VA examination conducted at that time resulted in diagnoses to include degenerative arthritis and disc disease of the cervical spine without limitation of motion. An October 1992 VA X-ray report showed minimal anterior wedge deformities of the bodies of T11 and T12 which were felt to probably be due to old fractures. The impression was "minimal old stable changes which may well be due to compression fractures of the T12-L1 region." A physical examination conducted at that time showed some restriction of normal cervical spine lateral flexion and rotation. The diagnosis was residuals of compression fracture of L1 with subsequent myositis by history. It is unclear whether the VA examiner, in diagnosing "residuals" of an L1 compression fracture after the October 1992 VA examination, attributed all the findings from that examination, including those relating to the thoracic and cervical spines, to the service-connected L1 compression fracture. Given this uncertainty and the proximity of the T11 and T12 wedge deformities shown by X-ray to the L1 deformity, the Board concludes that further VA examination is necessary in order to determine the nature of any current pathology which may be attributed to the service connected L1 compression fracture. Further examination is also needed to accurately assess the level of industrial impairment caused by the veteran's post-traumatic stress disorder. Accordingly, this case is REMANDED for the following development: 1. The veteran is to be afforded a VA orthopedic examination, which must include an opinion by the examiner as to the etiologic relationship between all current cervical or thoracic spine pathology and the L1 compression fracture or in-service accident which was the cause of this injury. The claims file, to include particularly a review of the clinical records referenced in the summary of the relevant clinical evidence contained in the body of this remand, must be reviewed by the examiner. 2. The veteran is to be afforded another VA psychiatric examination. After all indicated testing is completed, the examiner is to express an opinion as to the degree to which symptoms solely attributable to post-traumatic stress disorder, separate and apart from those caused by other psychiatric disorders, reduces the veteran's initiative, flexibility, efficiency or reliability such that his ability to work is impaired. Following completion of the requested development, the RO should review the evidence and determine whether the veteran's claims may be granted. If either claim is denied, the veteran and his representative should be issued a supplemental statement of the case, to include citations to the relevant laws and regulations as needed, and the case should be returned to the Board for further appellate review. The purpose of this REMAND is to assist the veteran in the development of his appeal, and the Board does not intimate an opinion, either legal or factual, as to the ultimate disposition warranted in this case. No action is required of the veteran until he is notified. HOLLY E. MOEHLMANN 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) (1994).