BVA9500152 
DOCKET NO.  93-10 908     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

Entitlement to an increased evaluation for the residuals of fifth
and seventh thoracic vertebrae fractures, currently rated 10
percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

INTRODUCTION

The veteran had active service from July 1975 to July 1980.

This appeal arises from a January 1992 rating decision which
continued a 10 percent disability evaluation for the residuals of
fifth and seventh thoracic vertebrae fractures.

In a January 1993 rating decision, service connection for
bilateral hearing loss was denied.  A November 1993 letter from
the veteran may be construed as a notice of disagreement with
that decision.  This issue is referred to the originating agency
for appropriate action.

REMAND

The veteran contends that her back disability has worsened with
constant, severe back pain and decreased range of motion.  She
has indicated that she has gone to the Department of Veterans
Affairs (VA) Medical Center, Memphis, for her back pain but has
not been examined since July 1989.  It is herein noted that the
most recent VA outpatient treatment record is dated in November
1992.

The Board of Veterans' Appeals (Board), having reviewed the
record, finds that further development is required.  Accordingly,
the case is REMANDED to the originating agency for the following
action:

1.  The originating agency should request,
from the VA Medical Center, Memphis,
legible copies of the veteran's outpatient
treatment records dated subsequent to
November 1992 as well as any inpatient
treatment records.  All records obtained
should be associated with the veteran's
claims file.

2.  After the medical records have been
obtained, the veteran should be scheduled
for an orthopedic examination.  The express
purpose of the examination is to evaluate
the current severity of the residuals of
the vertebral fractures.  All necessary
tests and studies, including X-ray
examination, should be conducted and
clinical manifestations should be reported
in detail.  The examiner should be given
access to the veteran's claims file for a
sufficient period of time prior to the
examination to allow for a complete review
of the record.

3.  Upon completion of the above, the
originating agency should review this case.
If any determination made is unfavorable to
the veteran, a supplemental statement of
the case which sets forth the evidence
received since the October 1992
supplemental statement of the case should
be issued to the veteran and her
representative.

The veteran and her representative should be given the
appropriate period of time in which to respond.  Thereafter, the
case should be returned to the Board for further appellate
consideration, if otherwise in order.  The purpose of this REMAND
is to obtain clarifying medical information and ensure all due
process.  No action is required of the veteran until she receives
further notice.

          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).