BVA9505731 
DOCKET NO.  93-11 923     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Entitlement to service connection for degenerative disc
disease of the lumbosacral spine.

2.  Entitlement to an increased disability rating for lumbosacral
strain, currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

T. Reichelderfer, Associate Counsel

INTRODUCTION

The veteran served on active duty from August 1950 to November
1970.

This case arises from a rating decision of May 1992 from the St.
Petersburg, Florida, Regional Office (RO).

REMAND

The veteran contends that he has degenerative disc disease as a
result of his service- connected lumbosacral strain.  He also
alleges that he has impaired function of his low back due to his
lumbosacral strain and that an increased disability rating is
therefore warranted.  After a review of the record, the Board of
Veterans' Appeals (Board) is of the opinion that additional
development of the evidence is required prior to further
consideration of the veteran's case.

The Board notes that the veteran, in his substantive appeal,
indicates that he had received treatment for his back, from 1982
to the present, at the Department of Veterans Affairs Medical
Center (VAMC) at Tampa, Florida.  However, the claims file only
contains medical records from that facility that are dated from
April 1990 to January 1992.  The Board believes that obtaining
additional records related to the treatment of his back and
obtaining current examination findings with an opinion of the
etiologies of the disorder found would be of value in assessing
his claim.

The United States Court of Veterans Appeals (Court) has held that
the duty to assist veterans in the development of facts pertinent
to their claims, under 38 U.S.C.A. § 5107(a) (West 1991) and 38
C.F.R. § 3.103(a) (1993), as set forth by the Court in Littke v.
Derwinski, 1 Vet.App. 90 (1990), requires that the Department of
Veterans Affairs (VA) accomplish additional development of the
evidence if the record currently before it is inadequate.
Accordingly, this case is REMANDED for the following:

1.  The RO should obtain legible copies of
all records compiled pursuant to the
treatment of the veteran's low back,
including those from 1982 to the present,
from the VAMC, Tampa, Florida.

2.  Following completion of the above, the
RO should request that the veteran be
afforded a VA orthopedic examination of the
low back in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations to ascertain the current
status of his lumbosacral strain.  All
appropriate tests and studies, including
range of motion testing, should be
conducted at that time.  The examiner
should be requested to ascertain if the
veteran currently has disc disease of the
lumbar spine, and if so, whether it is
related to his lumbosacral strain.  The
examiner should present all findings, and
the reasons and bases therefor, in a clear,
comprehensive, and legible manner on the
examination report.  The claims folder
should be made available to the examiner
prior to his or her evaluation of the
veteran.

3.  Following completion of the above,  the
RO should again review the veteran's claim
and determine if an increased disability
rating for lumbosacral strain can be
granted and if service connection for
degenerative disc disease can be granted.
If a decision remains adverse to the
veteran, he and his representative should
be provided with a supplemental statement
of the case, and with a reasonable period
of time within which to respond thereto.
The case should thereafter be returned to
the Board for further consideration as
appropriate.

The Board intimates no opinion as to the ultimate outcome of this
case.  The veteran need take no action until he is so informed.
The purposes of this REMAND are to obtain additional evidence and
to ensure compliance with due process considerations.

          LAWRENCE M. SULLIVAN
          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).