92 Decision Citation: BVA 92-11744

 Y92 
                          BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

    DOCKET NO.  91-46 797       )    DATE
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                             THE ISSUES

    1.  Entitlement to service connection for a headache
    disorder.

    2.  Entitlement to service connection for the residuals of a
    cervical spine injury.

    3.  Entitlement to service connection for the residuals of a
    lumbar spine injury.

                           REPRESENTATIVE

    Appellant represented by:  The American Legion

                       ATTORNEY FOR THE BOARD

    Harold A. Beach, Associate Counsel
                            INTRODUCTION

    The veteran, who is the appellant in this case, served on
    active duty from November 1975 to November 1979 and from
    January 1980 to January 1984.

    This matter came before the Board of Veterans' Appeals as a
    result of decisions rendered by the Department of Veterans
    Affairs (hereinafter referred to as VA) Regional Office
    (hereinafter referred to as RO) in Waco, Texas.

    On August 30, 1989, the veteran's initial claims for service
    connection for headaches and for the residuals of injuries
    to the cervical and lumbar spines were received.  On
    March 26, 1990, the RO denied entitlement to service
    connection for those disorders.  The veteran disagreed with
    those decisions, and on March 7, 1991, his notice of
    disagreement was received.  On April 25 1991, he was mailed
    a statement of the case, and on September 16, 1991, his
    substantive appeal was received.  Thereafter, the case was
    transferred to the Board of Veterans' Appeals where it was
    docketed on October 30, 1991.  On January 13, 1992, the
    veteran's representative, the Disabled American Veterans,
    submitted a statement on his behalf.

                               REMAND

    The veteran maintains that his headaches and cervical and
    lumbar spine disorders are primarily the result of injuries
    sustained in a motorcycle accident in June 1976 during his
    first period of service; that he was treated for his
    injuries at the base hospitals at George Air Force Base and
    Twenty-Nine Palms (Fort Irwin), California; and that he also
    received treatment at the Bakersfield Memorial Hospital,
    Bakersfield, California.  Those records are not contained in
    the claims folder, nor is a police report of the accident.
    In fact, the claims folder does not contain the medical
    records from his first period of active duty.  The RO has
    apparently made two attempts to secure the service medical
    records from the National Personnel Records Center in St.
    Louis, Missouri; however, only the records from his second
    period of service have been forwarded to the RO.

    The VA has a statutory duty to assist the veteran in the
    development of his claim.  38 U.S.C. 5107(a).  In light of
    the foregoing discussion, the Board is of the opinion that
    such development is warranted prior to final appellate
    consideration.  Accordingly, the case is remanded for the
    following actions:

                1.  The RO should contact the veteran
                and determine which police agency made
                a report of his motorcycle accident in
                June 1976.  That report should then be
                obtained and associated with the
                claims folder.

                2.  The RO should make direct contact
                with the base hospitals at George Air
                Force Base and Twenty-Nine Palms (Fort
                Irwin), California, and with
                Bakersfield Memorial Hospital,
                Bakersfield, California, and obtain
                copies of any medical treatment the
                veteran may have received in June 1976
                in regard to injuries as the result of
                a motorcycle accident.  Those records
                should then be obtained and associated
                with the claims folder.

                3.  The RO should make another attempt
                to obtain the veteran's medical
                records from his first period of
                service from the National Personnel
                Records Center in St. Louis,
                Missouri.  Those records should then
                be associated with the claims folder.

    When the requested development has been completed, the RO
    should review the claims for service connection for
    headaches and for the residuals of cervical and lumbar spine
    injuries.  Should the veteran continue to disagree with the
    decisions, he and his representative must be furnished a
    supplemental statement of the case and afforded an
    opportunity to respond.  Board of Veterans' Appeals Rules of
    Practice, 57 Fed. Reg. 4113 (1992) (to be codified at
    38 C.F.R. § 20.302(c)).  Thereafter, if in order, the case
    should be returned to the Board for further appellate
    consideration.

    By this remand, the Board intimates no opinion as to the
    final disposition of any issue.  The purpose is to procure
    clarifying information.  The veteran need take no action
    unless he is notified.

                     BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

           ANTHONY FAVA                 CHARLES E. EDWARDS, M.D.

                             H. H. CLARK

    Under 38 U.S.C. § 7252 (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.

    (NOTE:  The initials U.S.C. refer to the United States Code,
    while the initials C.F.R. refer to the Code of Federal
    Regulations.)