BVA9500472 
DOCKET NO.  93-12 504     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas

THE ISSUE

Entitlement to an increased disability evaluation for a seizure
disorder, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Anna Bryant, Counsel

INTRODUCTION

The veteran had active military service from January 1976 to
April 1977.

In a December 1990 rating decision of the Houston, Texas,
Regional Office (RO) of the Department of Veterans Affairs (VA),
the veteran's claim seeking an increased (compensable) disability
evaluation for his service-connected seizure disorder was denied.
This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a June 1992 rating decision of the Waco, Texas RO,
which granted a 10 percent disability evaluation for the
disability, effective from May 23, 1990.

REMAND

The veteran and his representative contend that an increased
disability evaluation is warranted for the veteran's service-
connected seizure disorder.  At the time of the veteran's hearing
on appeal before a hearing officer in March 1992, it was pointed
out that he suffers from an average of two seizures a month.  The
veteran also maintains that the symptomatology attributable to
his seizure disorder includes recurring severe headaches.  In
this regard, the Board observes that the veteran has not been
afforded a VA medical examination for the purpose of determining
the degree of severity associated with his seizure disorder since
November 1990.

Under the circumstances of this case, the Board concludes that
additional development of the record would be beneficial prior to
appellate disposition.  Accordingly, further appellate
consideration will be deferred and the case is REMANDED to the RO
for the following action:

1.  The veteran should be requested to
identify all sources of recent treatment
received by him for his service-connected
seizure disorder, and to furnish signed
authorizations for release to the VA of
private medical records in connection with
each non-VA source he identifies.  Copies
of the medical records from all sources he
identifies (not already in the claims
folder) should then be requested.  All
records obtained should be added to the
claims folder.

2.  The RO should schedule the veteran for
an examination by an appropriate specialist
for the purpose of determining the current
severity of his service-connected seizure.
All indicated tests and studies should be
performed and reported in accordance with
the VA I[nformation] B[ulletin] 11-56
Physician's Guide for Disability Evaluation
Examinations (March 1, 1985).  The claims
folder should be made available and
reviewed by the examiner prior to the
examination of the veteran.

After the above development has been completed, the RO should
review the evidence and determine whether the veteran's claim may
now be granted.  If the determination remains adverse to the
veteran, he and his representative should be furnished a
supplemental statement of the case which summarizes the pertinent
evidence, fully cites the applicable legal provisions and
reflects detailed reasons and bases for the decision reached.

The veteran and his representative should be given the
opportunity to respond thereto.  Thereafter, the case should be
returned to the Board for further appellate consideration, if
otherwise in order, following appropriate appellate procedures.
The purpose of the REMAND is to further develop the record.  The
Board does not

intimate any opinion, either factual or legal, as to the ultimate
disposition warranted in this case.  No action is required of the
veteran until he receives further notice.

          ALBERT D. TUTERA
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).