BVA9504366 DOCKET NO. 93-10 526 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Wilmington, Delaware THE ISSUE Entitlement to service connection for a back disorder. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD S. P. Candelmo, Associate Counsel REMAND The veteran had certified active military service from August 1962 to August 1965 and certified active duty for training from June 17, 1984 to June 29, 1984, and August 5, 1985 to August 15, 1985. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a December 1992 rating decision of the Wilmington, Delaware Regional Office (hereinafter "the RO") which denied entitlement to service connection for a back disorder. The veteran has been represented throughout this appeal by the Paralyzed Veterans of America, Inc. The veteran asserts on appeal that the RO erred in denying service connection for a back disorder as the claimed disability was incurred in service. He contends that his present degenerative disorder of the lumbar spine is attributable to a back injury incurred during service. Of record is a statement from a private chiropractor, dated in July 1992, which includes an opinion to the effect that the veteran's current back problem is due to trauma, and there was also reference to a history of injury to the veteran's back during service. The accredited representative has discussed the significance of this statement in terms of the balance of the evidence as the record is currently developed. The Board observes initially that the veteran has apparent multiple periods of active and inactive duty for training with the United States Naval Reserve between 1979 and 1994, although such service has not been verified. In further review of the record, the Board notes the veteran's service medical records indicate that he was treated for a back injury in June 1964. The attending physician reports that the veteran strained his back prior to service in 1959 and again in March 1964. The veteran reported in a July 1988 United States Naval Reserve medical record that he injured his left knee when he slipped in a stairwell. In a September 1988 physical examination, the veteran reported to his private health carrier that he began to experience pain in his lower back shortly after the July 1988 accident in which he had fallen down some steps. Dr. Wm. Rezulli reports in an April 1992 medical record that the veteran had experienced pain in his right lower back as a result of breaking up an altercation between two students. The October 1992 VA medical examination for compensation purposes indicates no bony deformity or paraspinal muscle spasm present. This examination has been referred to by the accredited representative as having certain deficiencies which render it inadequate for purposes of resolving this appeal. In light of the veteran's medical history of multiple back injuries, it would be helpful to afford the veteran a contemporaneous and thorough medical examination in order to ascertain the etiology of his present back disability The United States Court of Veterans Appeals (hereinafter "the Court") has held that where the record does not adequately reveal the current state of the claimant's disability, a VA examination must be conducted. Proscelle v. Derwinski, 2 Vet.App. 629, 632 (1992). The veteran has presented allegations which the Board has construed as a request for service connection for a left knee disability. This issue has neither been developed nor certified for review on appeal. In light of the VA's duty to assist the veteran in the proper development of his claim as mandated by the provisions of 38 U.S.C.A. § 5107(b) (West 1991) and as interpreted by the Court in Proscelle and Littke v. Derwinski, 1 Vet.App. 90, 92-93 (1990), this case is REMANDED for the following action: 1. The RO should contact the National Personnel Records Center and/or the appropriate service entity and request that it certify the veteran's apparent periods of active and inactive duty for training in the United States Naval Reserve. 2. The RO should then schedule the veteran for a VA examination by an appropriate specialist(s) in order to determine the present nature and severity of his back disorder. The examination should be conducted in accordance with the Physician's Guide to Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The examiner(s) should express an opinion as to the etiology of all identified back disorders. It is requested that supportive reasoning be advanced. The claims folder should be made available to the examiner(s) prior to the examination. 3. The RO should then formally evaluate the veteran's entitlement to service connection for a left knee disability. Any development necessary to accomplish this matter should be undertaken. When the requested action has been completed, and if his claim continues to be denied, the RO should afford the veteran a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record. While regretting the delay involved in remanding this case, it is felt that proceeding with a decision on the merits at this time would not withstand Court scrutiny. No inference should be drawn from it regarding the final disposition of the veteran's claim. JEFF MARTIN 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).