Citation NR: 9612966	
Decision Date: 05/08/96		Archive Date: 05/21/96
DOCKET NO.  94-39 005	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Los 
Angeles, California


THE ISSUES

1.  Entitlement to an increased evaluation for residuals of 
back surgery with degenerative disc disease, currently 
evaluated as 40 percent disabling.

2.  Entitlement to service connection for Parkinson’s 
disease.


REPRESENTATION

Appellant represented by:	California Department of 
Veterans Affairs


ATTORNEY FOR THE BOARD

Michele M. Florack, Associate Counsel





INTRODUCTION

The veteran served on active duty from November 1974 to March 
1991.

This appeal arises from rating decisions of the Department of 
Veterans Affairs (VA) Los Angeles, California, Regional 
Office (RO). 


REMAND

The Board of Veterans’ Appeals (Board) finds initially that 
the veteran’s claims are “well grounded” within the meaning 
of 38 U.S.C.A. § 5107(a) (West 1991); that is, they are 
plausible or capable of substantiation.  The Department of 
Veterans Affairs (VA) therefore has a duty to assist the 
veteran in the development of facts pertinent to his claims.  
38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 
(1993).  That duty includes obtaining medical records and 
medical examinations where indicated by the facts and 
circumstances of the case.  Littke v. Derwinski, 1 Vet.App. 
90 (1990). 

On VA Compensation and Pension examination for the veteran’s 
back in September 1992, the examiner refers to an EMC study 
that was conducted two weeks earlier (approximately late 
August 1992) at the Victorville VA facility that allegedly 
showed nerve damage of the veteran’s left leg.  It also 
appears that a VA neurological examination was conducted on 
November 16, 1992, at Loma Linda VA Medical Center.  The a 
partial copy of a hand written report is of record, although 
it was indicated that the report was dictated.  It is unclear 
whether the complete report is of record.  These records are 
pertinent to both claims before the Board.  A review of the 
VA medical examination used for rating purposes does not 
include any information regarding any sciatic neuropathy or 
other evidence of neurological deficits related to the 
service-connected back pathology.

In addition, on his substantive appeal, the veteran implied 
that he was treated for hand tremors prior to July 1992 at 
George Air Force Base.  The Regional Office’s (RO) attempt to 
obtain these records has been unsuccessful.  While it is 
acknowledges that the bas has been closed, there is 
information to the effect that the records have been 
transferred to another location.  A second attempt to obtain 
these records should be undertaken.

Finally, considering the veteran’s history of a service-
connected back disorder and associated medications, the issue 
of service connection for a neurological disorder manifested 
by tremors (Parkinson’s disease) on a secondary basis should 
be addressed.  Development should include a medical opinion 
on the issue.

To ensure that VA has met its duty to assist the veteran in 
developing the facts pertinent to the claim, the case is 
REMANDED to the RO for the following development:

1.  The RO should obtain the names and 
addresses of all medical care providers 
who treated the veteran for residuals of 
back surgery with degenerative disc 
disease or Parkinson’s disease (or hand 
tremors) since March 1991.  After 
securing the necessary releases, the RO 
should obtain these records.

2.  The veteran should be asked to 
clarify if he was treated for hand 
tremors at George Air Force Base between 
March 1991 and July 1992.  If so, the RO 
should again attempt to locate these 
records, pursuing all leads.

3.  The RO should attempt to obtain any 
pertinent medical records from the 
Victorville VA, specifically including 
any EMC studies conducted and diagnoses 
rendered in August or September 1992.  
The dictated version of the November 16, 
1992, neurological examination from the 
Loma Linda VA should also be obtained.

4.  The veteran should be afforded VA 
orthopedic and neurological examinations 
to determine the nature and etiology of 
the veteran’s service-connected back 
pathology and the Parkinson’s disease or 
any neurological disorder manifested by 
hand tremors.  All indicated tests or 
studies should be conducted.  The claims 
file must be made available for review by 
the orthopedist and neurologist in 
conjunction with the examination.  The 
examiners should specifically address 
whether any neurological disorder found 
may be due to medications taken for the 
veteran's residuals of back surgery with 
degenerative disc disease.  The rationale 
for any opinions expressed should be 
supported in detail.

When the above-requested development is completed, the case 
should again be reviewed by the RO.  If the veteran's claims 
remain denied, the veteran and his representative should be 
furnished an appropriate supplemental statement of the case.  
After they have had an adequate opportunity to respond, the 
case should be returned to the Board for further appellate 
review, if in order.  The purpose of this REMAND is to obtain 
clarifying data.  



		
	RENÉE M. PELLETIER
	Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures 
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 
(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.
(Continued on next page)

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) 
(1995).
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