BVA9505411 DOCKET NO. 93-11 326 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a rating in excess of 20 percent for lumbosacral strain. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD P. H. Mathis, Counsel INTRODUCTION The veteran had active service from March 1954 to October 1955. This matter is before the Board of Veterans' Appeals (Board) on appeal of rating decisions by the St. Petersburg, Florida, Regional Office (RO) of the Department of Veterans Affairs (VA). The veteran testified at a hearing on appeal at the RO in May 1993 before the member of the Board whose signature appears below. REMAND At the hearing on appeal in May 1993, the veteran and his representative asserted that the veteran's service-connected back disability is more severely disabling than currently rated; that service connection is warranted for disc disease, bladder impairment and bowel impairment as secondary to the service- connected back disability; and that a total rating is warranted based on individual unemployability due to service-connected disability. These new claims for service connection and a total rating based upon unemployability have not been adjudicated by the RO. During the hearing, it was further argued that the 1992 examination by the VA was not complete, and that the veteran should be examined by a neurologist concerning the full nature and extent of service-connected disability prior to a decision on the merits of the claims. The Board concludes that more current clinical data are needed for adequate evaluation of the veteran's claims of entitlement to an increased evaluation for his service- connected back disability, secondary service connection for additional disabilities, and a total rating on the basis of unemployability due to service-connected disability. See Colvin v. Derwinski, 1 Vet.App. 171, 175 (1991); Littke v. Derwinski, 1 Vet.App. 90 (1991); see also Weggenmann v. Brown, 5 Vet.App. 281, 284 (1993). In light of the foregoing circumstances, the Board concludes that a remand is in order. Accordingly, the veteran's 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 VA and non-VA health care providers from whom he has received treatment in recent years for his service- connected back disability or who may possess records pertinent to his claims for service connection for disc disease, bowel impairment or bladder impairment. With any necessary authorization, the RO should attempt to obtain the treatment records identified by the veteran that have not been secured previously. In any event, the RO should obtain copies of all pertinent VA treatment records which have not previously been secured. 3. Thereafter, the RO should arrange for the veteran to undergo VA examination by a board certified neurologist, if available, to determine the nature and extent of any currently present neurological impairment resulting from low back pathology. All indicated studies should be performed. The examiner should be requested to examine the veteran, review the record, and provide an opinion, with compete rationale, as to the etiology of any disc disease, bowel impairment or bladder impairment found to be present, to include an opinion as to whether it is at least as likely as not that any such impairment is etiologically related to the veteran's service-connected lumbosacral strain. It is imperative that a copy of this Remand and the veteran's claims file be made available to the examiner prior to the examination. 4. The RO should also arrange for a VA orthopedic examination of the veteran by a board-certified orthopedist, if available, to determine the nature and extent of the service-connected lumbosacral strain and any other low back disorders present. To the extent possible, the examiner should distinguish the manifestations of the lumbosacral strain from those of any other low back disorder present. The examiner should also provide an opinion concerning the etiology of any currently present arthritis or disc pathology of the lumbosacral spine, to include an opinion as to whether it is at least as likely as not that they are etiologically related to the service-connected lumbosacral strain. All indicated studies should be performed. The examiner should express an opinion, supported by complete rationale, as to what impact, if any, the veteran's service- connected back disability has on his ability to work. The rationale for all opinions expressed should be explained. The veteran's claims folder and a copy of this REMAND should be made available to the examiner prior to the examination. 5. Thereafter, the RO should undertake any other indicated development, adjudicate the issues of secondary service connection for disc disease, bladder impairment, and bowel impairment, readjudicate the issue currently certified on appeal, and adjudicate the issue of entitlement to a total disability rating based on unemployability due to service-connected disability. If the benefit sought on appeal is not granted to the appellant's satisfaction or if a timely Notice of Disagreement is received with respect to any other matter, a Supplemental Statement of the Case addressing all issues in appellate status should be prepared and furnished to the appellant and her representative. The appellant should be provided an opportunity to respond. Thereafter, in accordance with proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. All issues properly in appellate status should be returned to the Board at the same time. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. The appellant need take no action until otherwise notified by the RO. _____________________________ SHANE A. DURKIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 State. 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).