BVA9404498
DOCKET NO.  88-43 807     )       DATE
          )
          )
          )

THE ISSUES

Entitlement to service connection for arachnoiditis and spinal
stenosis with impotence and loss of use of the bowel, bladder and
lower extremities.

Entitlement to an increased evaluation for postoperative residuals of
lumbar laminectomies, currently evaluated as 40 percent disabling.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America, Inc.

ATTORNEY FOR THE BOARD

Howard N. Schwartz

INTRODUCTION

The veteran served on active duty from October 1974 to March 1975.

This appeal rises from rating decisions from the Detroit, Michigan,
Regional Office (RO).  The Board remanded the issue of entitlement to
an increased evaluation for postoperative residuals of lumbar
laminectomies in July 1989.  The Board remanded that issue and the
issue of entitlement to service connection for arachnoiditis and
spinal stenosis with impotence and loss of use of bowel, bladder and
lower extremities in March 1991.

REMAND

The Board of Veterans' Appeals, in the 1991 remand, requested a
specific medical opinion from a VA examiner.  The RO noted that the
obtained medical opinion did not respond to the inquiry.  However,
the file was not returned to the examiner for an adequate response.

The Board also notes that the rating board entered the following
comment:  "A relationship between the arachnoiditis and the symptoms
and the veteran's service-connected spinal stenosis is not shown."

The veteran's representative has argued that the statement concedes a
grant of service connection for spinal stenosis.  However, the rating
decision states specifically that service connection for
arachnoiditis with spinal stenosis is not established.  The rating
code sheet continues "spinal stenosis" as a nonservice-connected
impairment.

At this time a decision by the Board would be premature.
Accordingly, the case is remanded for the following:

1.  The RO must review the April 1993 rating
decision and determine whether there was a grant
of service connection for spinal stenosis.  If
service connection has not been granted, the RO
should take appropriate corrective action

2.  The RO should forward the claims file to an
orthopedic examiner.  It is requested that the
examiner review the entire record and render
opinions in regard to the following:  (1) When
was arachnoiditis first manifest?  (2) When was
spinal stenosis first manifest?  (3) Is the loss
of bowel, bladder and lower extremities
attributable to spinal stenosis or arachnoiditis
or residuals of the service-connected
laminectomies (and if so which)?  (4) Is the
arachnoiditis attributable to the service-
connected laminectomy (or some other cause)?
(5) Is the spinal stenosis attributable to the
service-connected laminectomy (or some other
cause)?  (6) Would the veteran have developed
arachnoiditis without an intervening cause
following the service-connected laminectomies?
(7) Would the veteran have developed spinal
stenosis without an intervening cause following
the laminectomies?  (8) Did the service-
connected laminectomies predispose the veteran
to the development of spinal stenosis or
arachnoiditis?

If, upon completion of the above actions, the claims remain denied,
the case should be returned to the Board after compliance with all
requisite appellate procedures.  No action on the veteran's part is
required until he receives further notice.

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

                  *
               NANCY I. PHILLIPS           (MEMBER TEMPORARILY ABSENT)

          J. E. DAY

*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans'
Appeals Section, upon direction of the Chairman of the Board, to
proceed with the transaction of business without awaiting assignment
of an additional member to the Section when the Section is composed
of fewer than three Members due to absence of a Member, vacancy on
the Board or inability of the Member assigned to the Section to serve
on the panel.  The Chairman has directed that the Section proceed
with the transaction of business, including the issuance of
decisions, without awaiting the assignment of a third Member.

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) (1992).