BVA9504715 
DOCKET NO.  93-10 517     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUE

Entitlement to a total rating based on individual unemployability
due to service-connected disability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Milo H. Hawley, Counsel

REMAND

The veteran had active service from July 1954 to September 1955.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a September 1992 decision by the Department of
Veterans Affairs (VA) Regional Office in Jackson, Mississippi
(RO).

It is contended that the veteran's service-connected low back
disability, which is currently evaluated as 60 percent disabling,
causes the veteran, by itself, to be unemployable.  It is
asserted that the veteran's nonservice-connected disabilities,
including hypertension, diabetes mellitus, a seizure disorder,
and a left knee disability, do not prevent the veteran from
obtaining or retaining employment.  Evidence has been submitted
which reflects that the veteran has been awarded Social Security
benefits on the basis of all of his disabilities, including
consideration of his age.  The decision regarding the veteran's
Social Security benefits refers to medical evidence which has not
been associated with the VA claims file.  This includes a
reference to the veteran being treated in an emergency room, at a
VA medical center, several times in 1991 for complaints of back
pain.  Reference is also made to a medical report by
J. J. Breeland, M.D., a private physician, dated in March 1991.
A vocational report, as well as other records, were also referred
to, but have not been associated with the claims file.

A VA letter to the veteran, apparently dated in 1989, offers the
veteran an opportunity to inquire about VA vocational
rehabilitation programs.  The record does not reflect whether the
veteran responded to that letter or has participated in VA
vocational rehabilitation.

The report of an August 1990 VA neurology examination states the
impression of neurological deficits in the veteran with a chronic
back syndrome as described in the report.  The report of a July
1992 VA orthopedic examination indicates that the veteran has no
neurological involvement associated with his back.

On the basis of the above record, it would appear that additional
development is required.  Accordingly, the case is REMANDED to
the RO for the following:

1.  The RO should obtain the veteran's VA
vocational rehabilitation file, if such
file exists, and associate it with the
claims file.

2.  The RO should contact the Social
Security Administration, after obtaining an
appropriate release, and request copies of
all medical records relating to the
veteran's disability claim with that
administration.

3.  The RO should contact the veteran and
inquire as to where he has received medical
care for his low back from January 1990
until the present.  Appropriate releases as
required should be obtained, the RO should
contact the health care provider(s)
identified and request copies of all
clinical records relating to treatment of
the veteran's back from January 1990 until
the present.

4.  The veteran should be scheduled for a
VA neurology examination to determine the
nature and extent of his low back
disability.  All necessary tests and
studies should be accomplished, and all
clinical manifestations should be reported
in detail.  The examinations must be
conducted in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations.  The examiner should comment
on how the veteran's service-connected low
back disability would affect his
employability.  The claims file must be
made available to and reviewed by the
examiner prior to the requested
examination.  A complete rationale for any
opinions expressed must be provided.

5.  Following completion of the foregoing,
the RO must review the claims folder and
ensure that all of the foregoing
development actions have been conducted and
completed in full.  If any development is
incomplete, including if the requested
examinations do not include all tests
reports, special studies, or opinions
requested, appropriate corrective action is
to be implemented.

Following completion of the above, the RO should review the
evidence and readjudicate the veteran's claim.  Thereafter, the
veteran and his representative should be furnished with a
supplemental statement of the case and be given the appropriate
opportunity to respond thereto.  Thereafter, the claims file,
including any evidence obtained, should be returned to this Board
for further appellate review, if in order.  No action is required
by the veteran until he receives further notice.

The purpose of this REMAND is to procure clarifying data.  The
Board intimates no opinion, either legal or factual, as to the
ultimate disposition of this appeal.

          E. W. SEERY
          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) (1994).