BVA9502193 
DOCKET NO.  93-07 643     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Manila,
Philippines

THE ISSUE

Entitlement to an increased evaluation for residuals of a gunshot
wound to the left lumbar region, Muscle Group II, currently
evaluated as 20 percent disabling.

ATTORNEY FOR THE BOARD

Robert P. Regan, Counsel

INTRODUCTION

The appellant served on active duty during World War II.

A review of the record reflects that the appellant executed an
Appointment of Veterans Service Organization (VA Form 23-22) in
June 1989 appointing the American Legion as his representative.
In a June 1993 statement, appellant indicated that he wished to
appoint his personal physician as his representative.  The Board
of Veterans' Appeals (Board) is of the opinion that clarification
is required regarding this matter.  In a March 1993 rating
determination, the regional office (RO) denied entitlement to
service connection for traumatic arthritis involving the lumbar
spine on a secondary basis.  A September 1993 statement from The
American Legion indicates that they are disagreeing with this
denial.  However, in view of the current ambiguity regarding
identification of the appellant's representative, this statement
cannot be considered a notice of disagreement.  Following the
clarification of the status of the appellant's representative,
the RO should develop the procedural aspects of the issue of
entitlement to service connection for traumatic arthritis of the
lumbar spine as deemed appropriate.

REMAND

A review of the service medical records and the initial VA
examination conducted in May 1957 indicates that the appellant's
shell fragment wounds involved the latissimus dorsi on the left
side, Muscle Group II, the extrinsic muscles of the shoulder
girdle.  The October 1992 VA examination was confined to an
evaluation of the lumbar spine and did not include an evaluation
of the extrinsic muscles of the left shoulder girdle.

In accordance with the statutory duty to assist the appellant in
development of evidence pertinent to his claim, the case is
REMANDED for the following actions:

1.  The RO should contact the appellant in
order to determine who he desires to act as
his representative, that is The American
Legion or H. B. Venus, M.D.  The
appropriate power of attorney form should
accompany this correspondence.  The
appellant should also be furnished an
appropriate release of information form in
order to obtain copies of any medical
records from Dr. Venus pertaining to
treatment for the residuals of the service-
connected shell fragment wound to the
lumbar area subsequent to July 29, 1992.

2.  A VA examination should be conducted by
an orthopedist in order to determine the
nature and severity of the shell fragment
wounds to the lumbar region.  All testing
deemed necessary should be performed.  In
conjunction with a review of the
appellant's claims folder, it is requested
that the examiner identify the number of
the muscle group or muscle groups injured
by the inservice shell fragment wound.  The
clinical findings of the examination should
correspond to the function affected by the
injury to said muscle group or muscle
groups.

Thereafter, the case should be reviewed by the RO.  If the
benefits sought are not granted, the appellant and his
representative, if any, should be furnished a supplemental
statement of the case and be given an opportunity to respond.
The supplemental statement of the case should include the
appropriate rating criteria regarding the muscle group or muscle
groups involved as identified by the VA examination.  The case
should then be returned to the Board for further appellate
consideration.

          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).