BVA9501711 DOCKET NO. 93-09 265 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for parasites. 2. entitlement to service connection for right ear hearing loss disability. 3. Entitlement to service connection for left ear hearing loss disability. REPRESENTATION Appellant represented by: Tennessee Department of Veterans' Affairs WITNESS AT HEARING ON APPEAL Appellant REMAND The veteran had active duty from May 1942 to July 1944. In October 1946, the appellant reported to a VA examiner that he had been on a firing range and that he had partial deafness on the right since then. Conductive deafness on the right was diagnosed and a clinical finding was included. Neither the rating decision nor the hearing officer decision refer to this evidence. Regardless, the record does not contain a current VA examination report nor an opinion regarding the etiology of the hearing loss on the right. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The veteran should be afforded a VA audiometric examination to determine the nature and etiology of the veteran's hearing loss. The claims folder should be made available to the examiner for review before the examination. An examiner should review the entire record, including the service medical records, the VA examination report of 1946, and the private medical record of July 1958. An examiner should identify the nature of the current hearing loss. In addition, an examiner should enter an opinion as to whether it is as likely as not that the current hearing loss is due to the claimed inservice noise exposure. 2. The veteran should be informed that he has submitted evidence that renders the claim for service connection for right ear hearing loss disability plausible. The veteran should be requested to submit evidence that renders the claim for service connection for a left ear hearing loss disability plausible (well grounded). The best evidence would be competent evidence tending to establish the presence of a left ear hearing loss disability during service or in proximity to service or otherwise attributing the disability to service. 3. The veteran should be informed that he has a duty to submit evidence of a well grounded claim for service connection for parasites. The veteran should be informed that a grant of service connection requires that there be current disability. If the veteran has current disability due to parasites, he should submit competent evidence that tends to establish that fact. 4. If the veteran submits competent evidence of current parasite disability, the regional office should obtain an opinion as to whether there were inservice manifestations of parasites. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. H. N. SCHWARTZ 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. (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) (1993).