BVA9507715 DOCKET NO. 93-11 262 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to a compensable evaluation for bilateral hearing loss. 2. Entitlement to a compensable rating for tinnitus. 3. Entitlement to a compensable evaluation under the provisions of 38 C.F.R. § 3.324 (1994). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD J. A. McDonald, Associate Counsel INTRODUCTION The veteran served on active military duty from January 1969 to December 1970. This case comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from a January 1992 rating action of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida (hereinafter RO). In statements on appeal the veteran raised the issue of entitlement to service connection for an ear infection. This issue has not been adjudicated by the RO and has not been developed for appellate consideration. As such, it is referred to the RO for appropriate action. REMAND The veteran contends that his bilateral hearing loss and tinnitus have increased in severity. He further maintains that a compensable evaluation for his service-connected disorders is warranted under the provisions of 38 C.F.R. § 3.324 (1994). In his substantive appeal, received in June 1992, the veteran reported that he had undergone an audiological evaluation earlier that month, and requested that the report of such evaluation be considered in evaluating his service-connected hearing loss disability. The report of such evaluation has not been requested, and is not of record. 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 RO should contact the veteran and request the name and location of all health care providers, including VA medical facilities, that have treated or evaluated the disabilities at issue since December 1991, to include the medical provider which rendered an audiological evaluation of his hearing loss on June 15, 1992. Upon receipt of this information, the RO should obtain a copy of all such treatment and/or evaluation reports, to include from the Gainesville, Florida VA medical center, not already of record, and associate them with the claims folder. 2. The veteran should be afforded a VA audiological examination to determine the nature and severity of his bilateral hearing loss disability, and tinnitus, to include the frequency of the tinnitus. The claims folder should be made available to the examiner for review before the examination. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative, if any, 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. U. R. POWELL 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).