BVA9506138 
DOCKET NO.  93-13 695     )       DATE
          )
          )

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

THE ISSUE

Entitlement to a total disability evaluation based on individual
unemployability by reason of service-connected disabilities.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Daniel J. McTavish, Associate Counsel

INTRODUCTION

The veteran served on active duty from November 1978 to November
1981.

This matter came before the Board of Veterans' Appeals (Board) on
appeal of a February 1992 rating decision by the Montgomery,
Alabama Regional Office (RO) of the Department of Veterans
Affairs (VA), denying the veteran's claim for a total disability
rating based on individual unemployability.

Following VA examinations in May 1992 and the receipt of
additional outpatient treatment records, the RO confirmed its
prior denial by a rating action of January 1993.

REMAND

At the outset, the Board observes that in a rating decision dated
in July 1992, the RO granted an increased, 40 percent rating for
lumbosacral strain and denied a rating higher than the 30 percent
evaluation assigned for bilateral pes planus.  It is clear from
the veteran's statement submitted in September 1992, that he was
in disagreement with the ratings assigned for his service-
connected pes planus and lumbosacral strain.  Accordingly, the
Board finds that the veteran filed a timely notice of
disagreement with respect to the evaluation of those
disabilities, and the RO should take appropriate action to
develop the veteran's appeal with respect to those issues.  We
would point out that these issues are inextricably intertwined
with the issue on appeal.  See Harris v. Derwinski, 1 Vet.App.
180 (1991).

We also note that VA outpatient records dated in October 1992
show complaints of radiating pain associated with the veteran's
chronic low back pain.  In order to develop a clear picture of
the manifestations produced by the veteran's service-connected
low back disability, the Board finds that a neurological
evaluation should be performed.  Moreover, a complete examination
of the veteran's disabilities should be undertaken so that the
record contains a report of a contemporaneous examination, in
light of the passage of time since the veteran was examined in
May 1992.  See Caffrey v. Brown, 6 Vet.App. 377 (1994).

In keeping with VA's duty to assist him in the development of his
claim, 38 U.S.C.A. § 5107(a) (West 1991), the Board finds that
further development should be undertaken prior to appellate
disposition of this case.  Accordingly, the case is REMANDED to
the RO for the following action:

1.  All up-to-date VA treatment records
should be obtained and incorporated into
the veteran's claims folder.

2.  Thereafter, the veteran should be
afforded a comprehensive VA examination to
determine the current manifestations of all
of his service-connected disabilities.  The
examination should include orthopedic and
neurology examinations to evaluate the
service-connected low back disability, as
well as a podiatry examination to evaluate
the bilateral pes planus.  All indicated
tests and studies should be accomplished.
The veteran's claims folder should be made
available to the examining physician for
review prior to the examination.

3.  The RO should then consider the
veteran's claims for increased ratings for
his low back disability and bilateral pes
planus, and his claim for a total rating
based upon individual employability.

If the decision on any issue remains adverse to the veteran, the
RO should issue a supplemental statement of the case (SSOC)
summarizing the evidence, and law and regulations, and explaining
the application of the law and regulations to the evidence.  The
SSOC should address all issues on appeal.  The RO should afford
the veteran 60 days to respond to the supplemental statement of
the case before the matter is returned to the Board for final
adjudication, if otherwise in order.  38 C.F.R. § 20.302(c)
(1993).

By this REMAND, the Board intimates no opinion, either legal or
factual, as to the ultimate determination warranted in this case.
The purpose of this REMAND is to accord due process and obtain
clarifying data.

          D. C. SPICKLER
          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).