BVA9507853 
DOCKET NO.  92-15 221     )       DATE
          )
          )

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

THE ISSUE

Entitlement to an increased (compensable) rating for the
residuals of a low back injury.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Stepehn F. Sylvester, Counsel

INTRODUCTION

The veteran had active service from May 1959 to May 1961, June
1961 to June 1964, and September 1964 to October 1979.

This case was previously before the Board of Veterans' Appeals
(Board) in June 1994, at which time it was remanded for
additional development.

REMAND

In the Board's remand in June 1994, it was noted that a special
Department of Veterans Affairs (VA) orthopedic examination
conducted in February 1992 had concentrated primarily on the
veteran's cervical spine disability as opposed to his service-
connected low back disability.  Consequently, it was determined
that more detailed findings were necessary with respect to the
veteran's low back disorder.  The case was, therefore, remanded
for special VA orthopedic and neurologic examinations.  A review
of the record shows a notation that the veteran failed to report
for these examinations.  The veteran's representative argues that
the veteran failed to report because he was not notified of the
aforementioned examinations.  Specifically, it is contended that
the veteran's address contained an incorrect zip code.

The Board notes that the zip code on the notification of
scheduled examinations was, indeed, incorrect.  Specifically,
that zip code was listed as "7847" rather than "78417," the
veteran's correct zip code.  Hence, the argument by the
representative is credible, retriggering the duty to assist the
veteran.

Accordingly, the case is, once again, REMANDED to the RO for the
following action:

The veteran should be afforded special VA
orthopedic and neurologic examinations to
determine the nature and extent of his
service-connected low back disability.  The
RO should ensure that the veteran is
provided notice at his current address,
that is, at 1602 Triple Crown, Corpus
Christi, Texas  78417.  On examination, all
pertinent symptomatology and findings
should be reported in detail.  The
examiners should, specifically express
opinions to what extent the veteran's
current low back symptomatology and
findings are the result of an inservice
vehicle accident.  The veteran's claims
folder must be furnished to the examining
physician[s] prior to their evaluations to
facilitate the study of the case.

Following completion of the above actions, the RO should review
the evidence, and determine whether the veteran's claim may be
granted.  If not, the veteran and his representative should be
provided with an appropriate supplemental statement of the case,
and given an ample opportunity to respond.  The case should then
be returned to the Board for further appellate consideration.

In this REMAND of the claim for further development, the Board
does not intimate any opinion as to the ultimate determination
warranted.  No action is required of the appellant until he
receives further notice.

          GEORGE R. SENYK
          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).