BVA9500595 
DOCKET NO.  93-06 592     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Entitlement to an increased rating for mechanical low back pain,
rated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

INTRODUCTION

The veteran had active service from February 1958 to February
1962.

This matter came before the Board of Veterans' Appeals (Board) on
appeal from a November 1992 rating decision of the aforementioned
regional office (RO).

During the course of this appeal, the veteran has claimed that he
is unable to work because of the back disability.  This claim,
for a total disability rating, is referred to the RO for
appropriate action.

REMAND

Department of Veterans Affairs (VA) medical records show that the
veteran has recently been treated for low back and left leg pain.
He has argued that it is his back which has caused pain and
swelling in the legs.  He has not been afforded VA examination in
connection with the current claim.  An examination is necessary
in order to: (1) determine the severity of the service connected
mechanical low back pain, and (2) determine the relationship, if
any, between the service connected low back disability and
symptomatology affecting either of the lower extremities.  The
Board also notes that the Statement of the Case did not include
the rating criteria for the low back.

In view of the foregoing, the case is REMANDED for the following
action:

1.  The RO is to obtain copies of all of
the veteran's treatment records from the VA
Medical Center, Birmingham, Alabama, and
the VA Outpatient Clinic, Huntsville, which
date from October 1992 to the present time.
These records should be associated with the
claims file.

2.  The RO is to schedule the veteran for
VA examination to determine the nature and
severity of the service connected
mechanical low back pain.  In addition, the
examiner is to determine whether the
service connected low back disability
affects either or both of the lower
extremities; and to identify the signs and
symptoms in either or both lower
extremities which are part of, or related
to, the mechanical low back pain.  The
examination is to be conducted in
accordance with the Physician's Guide.  The
claims file must be made available for the
examiner's review prior to the examination,
and it is requested that the examiner state
whether this has been done.

3.  When this development has been
completed, the RO should review the claim.
In its adjudication, the RO should address
the question of whether the veteran has
disability of the lower extremities which
is part of, or related to, or caused by,
the mechanical low back pain.

4.  After completion of the usual
adjudicative procedures, if all the
benefits sought are not granted, the
veteran and his representative should be
furnished a supplemental statement of the
case which includes the criteria for rating
the service connected back disorder, if in
order.

The case should then be returned to the Board for further
appellate review.

          NANCY I. PHILLIPS
          Member, Board of Veterans' Appeals

(CONTINUED ON NEXT PAGE)

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).