BVA9502627 DOCKET NO. 93-08 719 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to service connection for bilateral hearing loss. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Constance C. Hickey, Associate Counsel INTRODUCTION The veteran had active service from October 1947 to October 1951. This appeal to the Board of Veterans' Appeals (Board) arises from the March 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) Columbia, South Carolina which denied service connection for bilateral hearing loss. To the extent that statements made by the veteran in April and May 1992 may be construed to constitute a claim for a compensable evaluation for his service connected residuals of a simple fracture of the right distal tibia, without nerve or artery involvement, that issue has not been developed for appellate review and is referred to the RO for consideration and action as appropriate. REMAND It is contended by and on behalf of the veteran that he is entitled to service connection for bilateral hearing loss, incurred as a result of acoustic trauma during service. The Board notes that the veteran's service medical records are mostly unavailable and are presumed to have been destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri. Of record are sick call reports for March through July 1949 which contain no reference to complaint or treatment of hearing loss. The veteran testified at his July 1992 personal hearing that he had no hearing deficiency prior to active service, that he was subjected to acoustic trauma as a gunner in Korea, and that he has had hearing loss ever since. His current hearing loss was documented by audiological testing during his August 1992 VA compensation examination. Under the circumstances, the Board finds that the veteran's claim is well grounded. The Board is mindful that in a case, such as this one where service medical records have been lost, there is a heightened duty to assist the veteran in developing the evidence that might support his claim. Cuevas v. Principi, 3 Vet.App. 542, 548 (1992). Accordingly, the case is REMANDED for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of all his employers subsequent to service, and the approximate dates of his employment. The RO should also request that the veteran identify the railroad which declined to hire him because he was unable to pass a hearing test six months after his separation from service. 2. After any necessary releases have been obtained, the RO should contact the employers identified by the veteran and request that they provide the results of any employee hearing tests pertaining to the veteran. The RO should also ask the employers to describe, if possible, the level of noise exposure to which the veteran was subjected while employed by them, and to state whether ear protection was utilized. Each employer should also be asked to provide copies of any additional records of events related to the veteran's hearing, or to describe such events if no record was made at the time. 3. The RO should contact the railroad identified by the veteran and attempt to obtain the results of the hearing test which he failed six months after service, or any other records pertaining to the veteran that have been maintained by the railroad. All records and documents received should be associated with the veteran's claims folder. 4. Following completion of all requested development the RO should again review the veteran's claim for service connection for bilateral hearing loss. If action remains adverse to the veteran, the RO should provide a supplemental statement of the case to the veteran and his representative. The supplemental statement of the case should contain a recitation of all relevant evidence, a citation to the relevant law and regulations, with special attention to 38 U.S.C.A. § 1154 (West 1991) and a statement of the reasons for action taken. The appropriate period of time should be provided for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this action the Board intimates no opinion, legal or factual, as to the ultimate determination in this case. No action by the veteran is required until he receives further notice. N. R. ROBIN 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) (1993).