BVA9503575 
DOCKET NO.  93-28 545     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUE

Entitlement to an evaluation in excess of 40 percent for
residuals of an injury to the cervical and dorsal spines with
degenerative changes.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Jeffrey J. Schueler, Associate Counsel

INTRODUCTION

The veteran served on active duty from August 1943 to October
1945.

REMAND

Service connection is in effect for residuals of an injury to the
cervical and the dorsal spines.  The current rating evaluation
does not indicate which rating has been assigned to the cervical
spine disability and which rating has been assigned for the
dorsal spine.  The Board of Veterans' Appeals (Board) is of the
view that separate ratings should be assigned for each segment of
the spine for which service connection is in effect. It is also
the opinion of the Board that further medical evaluation should
be accomplished prior to final appellate disposition.  The appeal
is REMANDED for the following action:

1.  The regional office should arrange for
the veteran to be examined by an
appropriate medical specialist in order to
determine the nature and extent of
impairment arising from his service-
connected cervical spine and dorsal spine
disabilities.  The examiner should report
separate findings for the cervical and
dorsal spines. Range of motion for each
spinal segment should be given in degrees.
All indicated and medically appropriate
tests should be performed.  The examiner
should be specifically requested to state
whether ankylosis is present in the
cervical or dorsal spine and, if so,
whether it is favorable or unfavorable.

 2.  Thereafter, the regional office should
readjudicate the issues on appeal and
assign the veteran separate disability
ratings for the cervical spine and the
dorsal spine.   If the appeal remains
denied, the appellant and his
representative should be furnished a
supplemental statement of the case and
given the opportunity to respond thereto.

The appeal should be returned to the Board, if in order.  The
appellant need take no action unless otherwise notified.

          JOHN E. ORMOND
          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).