BVA9507522 DOCKET NO. 93-11 255 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana THE ISSUE Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel INTRODUCTION The veteran had active duty from December 1955 to January 1959. This appeal arises from a September 1992 rating decision by the RO. The rating decision of September 1992 granted service connection for chronic otitis media and the post operative residuals of a tympanoplasty and mastoidectomy, and assigned a 10 percent evaluation. By a rating decision of March 1993 the RO granted a separate 10 percent evaluation of for impaired hearing in the left ear. The veteran has not disagreed with this assignment of a 10 percent evaluation for impaired hearing in the left ear. REMAND The veteran maintains that he was exposed to loud noises while working on the flight line when he was in the Air Force. The veteran's service personnel records have not been associated with the claims folder. His discharge certificate shows that his primary military occupational speciality was warehouse specialist. The veteran testified that tinnitus began during service and that he complained of this disorder during service. All of his service medical records are apparently not available, as the National Personnel Records Center reported that records may have been destroyed in a fire at that facility. Some records were obtained through secondary sources. It is unknown, of course, whether these records constitute all those which were created during the veteran's service. The available records do not contain the report of any physical examination conducted for separation purposes. The service medical records show that he was hospitalized from January to March 1958 and under went a left mastoidectomy and left tympanoplasty due to chronic otitis media. Private medical records show that in August 1990 his right eardrum was punctured in an automobile accident. Subsequently, he began complaining of ringing in his right ear. In September 1991 he underwent a right tympanoplasty. At his personal hearing he testified that he had ringing in both ears. The VA examination, performed in September 1991, apparently diagnosed the veteran as suffering from tinnitus. The September 1991 ENT examination report contains responses to specific questions, but the questions are not listed and it is, thus, unclear exactly what information the examiner was attempting to convey. Neither the November 1991 nor the January 1993 examinations mentioned tinnitus as a diagnosis, either present or not, despite the veteran's complaints thereof. Moreover, neither of the latter two VA examinations contains an opinion as to the medical probability that the veteran's tinnitus is due to the chronic otitis media treated in service or to acoustical trauma sustained while serving on the flight line. In addition, evidence has been received at the Board of Veterans' Appeals that has not been considered by the RO. The veteran has not waived such RO consideration. To ensure that the 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 RO for the following development: 1. The RO should take appropriate steps to contact the veteran and ask him to submit copies of any orders, letters he sent home, statements from comrades in arms, or other documentation that will verify that he was assigned to the flight line while he was in service. 2. The RO should take appropriate steps to contact the National Personnel Center and attempt to secure copies of the veteran's service personnel records in an attempt to verify assignment on the flight line. When copies of the records are received, they should be associated with the claims folder. 3. The veteran should be afforded VA audiological and ear, nose, and throat examinations to determine the current severity of his hearing loss. All indicated tests in this regard should be accomplished. The claims folder should be made available to the examiners for review before the examinations. Based on a review of the claims folder and the results of the examinations, it is requested that the examiners express an opinion as to the medical probability that the veteran's tinnitus is due to either the inservice otitis media in 1958 or to acoustic trauma sustained in service. 4. After the development requested above has been completed, the RO should again review the record, to include all evidence associated with the claims folder subsequent to the March 1993 rating decision. If any benefit sought on appeal remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. 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. BARBARA B. COPELAND 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).