BVA9500793 
DOCKET NO.  93-05 408     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUES

1.  Entitlement to an increased disability evaluation for
residuals of a cervical spine injury, currently evaluated as 30
percent disabling.

2.  Entitlement to a total rating for compensation purposes based
upon individual unemployability.

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

J.W. Engle, Counsel

REMAND

The veteran had active duty from January 1961 to August 1966.

Review of the record reveals that the appellant was last examined
by VA for compensation purposes in 1990.  In view of the length
of time from the last VA examination, the undersigned believes
that an updated examination is necessary to properly evaluate the
nature and severity of the appellant's service-connected cervical
spine disability.  See Talbert v. Brown, No. 92-1275 (U.S. Vet.
App. Dec. 1, 1994).

To ensure that the Department of Veterans Affairs (VA) has met
its duty to assist the claimant in developing the facts pertinent
to the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the regional office for the
following development:

1.  The veteran should be afforded VA
orthopedic and neurological examinations in
an effort to determine the current nature
and extent of the appellant's service-
connected cervical spine disability.  The
claims folder must be made available to the
examiners for review before the
examination.  All appropriate studies
should be conducted.

2.  The examiners are requested to comment
on the symptoms associated with the
cervical spine injury which occurred during
service versus those related to the
intercurrent injuries sustained in the
motor vehicle accident in 1987 and whether
or not the symptoms attributable to the
intercurrent motor vehicle accident can be
dissociated from the service-connected
disability.

3.  The examiners should further identify
the limitation of activity imposed by the
service-connected disabling condition,
viewed in relation to the medical history,
considered from the point of view of the
appellant working or seeking work, with a
full description of the effects of
disability upon the appellant's ordinary
activity.  38 C.F.R. §§ 4.1, 4.2, 4.10
(1993).  The report of the examinations
should be associated with the claims
folder.

4.  VARO should determine if the appellant
has filed a claim for benefits from the
Social Security Administration, and if so,
obtain the records pertinent to the claim
for Social Security disability benefits as
well as the medical records relied upon
concerning that claim.

Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless otherwise
notified.

          C.P. RUSSELL
          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).