BVA9503736 DOCKET NO. 93-04 132 ) DATE ) ) On appeal from a decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUES 1. Entitlement to an increased evaluation for chronic lumbosacral strain, with degenerative joint disease, currently evaluated as 20 percent disabling. 2. Entitlement to an extension of a temporary total rating on the basis of a period of convalescence beyond the last day of May 1991, following hospitalization for service-connected disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Sheila A. Lawson, Associate Counsel REMAND The veteran had active service from January 1966 to December 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 1992 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York. The veteran contends that his service-connected chronic lumbosacral strain, with degenerative joint disease (back disability) warrants an evaluation higher than the 20 percent currently assigned. In support of this contention, he asserts that he has continual back pain and right leg hypoesthesia. He also asserts that he has difficulty walking and that he is unable to sit or stand for more than one-half hour. The veteran also contends that because he continues to have back pain and right leg hypoesthesia, he is entitled to a two month extension of a temporary total rating under 38 C.F.R. § 4.30 (1994). The Board also notes that in his Substantive Appeal, the veteran indicated that he is unable to work because of his back disability. In light of his having raised this issue for the first time on appeal, the Board will refer this matter, along with those set forth below, to the RO for appropriate action. Review of the record reveals that the April 1992 VA examination did not provide range of motion studies and that the veteran has not been provided a VA orthopedic examination since 1990. In view of the foregoing circumstances, the Board concludes that a remand is necessary. Accordingly, the case is REMANDED to the RO for the following actions: 1. The veteran should be provided and requested to complete and return an application form for a total compensation rating based upon unemployability. 2. The RO should contact the veteran and request that he identify specific names, addresses, and approximate dates of treatment for all health care providers from whom he has received treatment since 1989 for his service-connected back disability. With any necessary authorization, the RO should attempt to obtain the treatment records identified by the veteran that have not been secured previously. 3. Then, the RO should arrange for VA orthopedic and neurological examinations of the veteran by board certified examiners who have not examined him previously, if available, to determine the nature and extent of his service-connected back disability. All indicated studies should be performed. The examiners should express their opinions, supported by complete rationale, as to what impact, if any, the veteran's service-connected back disability has on his ability to work. The veteran's claims folder should be made available to the examiners prior to the examination. 4. Thereafter, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the veteran's claims of entitlement to an increased evaluation for his service- connected back disability, and to an extension of a temporary total rating on the basis of a period of convalescence beyond the last day of May 1991, following hospitalization for his service-connected disability. The RO should also adjudicate the veteran's claim for a total rating on the basis of unemployability due to his service-connected disability. If the benefits sought on appeal are not granted to the veteran's satisfaction or if a timely notice of disagreement is received with respect to any other matter, including the disposition of the claim for a total rating based upon unemployability, the RO should issue a Supplemental Statement of the Case on all issues in appellate status, and the veteran and his representative should be provided an opportunity to respond. The veteran should be advised of the requirements to perfect an appeal on any issue addressed in the Supplemental Statement of the Case, which does not appear on the title page of this remand. The case should then be returned to the Board for further appellate consideration, if otherwise in order. SHANE A. DURKIN 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).