BVA9503653 DOCKET NO. 92-10 451 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Providence, Rhode Island THE ISSUE Entitlement to service connection for bilateral defective hearing. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION This matter comes before the Board of Veterans Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Providence, Rhode Island, Regional Office (RO). The veteran had active military service from November 1943 to April 1946. Following a remand of this case in October 1993, and development undertaken by the RO pursuant thereto, the veteran was granted service connection for bilateral otitis media with perforation of the left tympanic membrane and a 10 percent rating was assigned. Service connection for bilateral defective hearing continued to be denied and that issue was returned to the Board for further appellate consideration. REMAND We begin by noting that the issue stated on the title page of this decision is considered to be before the Board on the basis of primary, presumptive and secondary service connection, and all aspects of the service connection issue will be based on a de novo review of the record. The RO correctly ascertained that the principal focus at the current time is on the question of secondary service connection. The RO is currently denying secondary service connection for bilateral defective hearing for the reason that the veteran failed to report for a VA audiometric examination. This would be the correct result, assuming he was properly notified. This member of the Board is concerned that there may have been a breakdown in communication between the veteran and the VA audiology clinic. The evidence of record indicates that in 1992 the veteran was living on [redacted] Avenue in Providence, Rhode Island, and that correspondence sent to him at a [redacted] Street address had been returned as undeliverable in June 1992. The June 1992 correspondence was remailed to the [redacted] Avenue address. However, after June 1992 all correspondence from the RO and the VA outpatient treatment clinic to the veteran was mailed to the [redacted] Street address. Initially, this raises a question as to what the veteran received and what he did not receive. On November 10, 1993, the RO notified the veteran that arrangements were being made for an examination and that he would be notified of the time and place of the examination. Thereafter, on November 23, 1993, a computer generated document indicated that the veteran failed to report for an audiometric examination. On January 10, 1994, the RO notified the veteran that arrangements were being made for an examination and that he would be advised of the time and place of the examination. He was then advised by the VA Medical Administration Service that the examination was scheduled for January 25, 1994, and, on that date he appeared and underwent a VA otological examination. It is not clear why an audiometric examination could not have been accomplished at the same time. In any event, the question about the correct address and the fact that the veteran did report for the otological examination, raises a question about whether he was properly notified to report for the VA audiometric examination. In this regard we note that a copy of any letter from the VA Medical Administration Service to the veteran advising him to report for a VA audiometric examination between November 10, 1993, and November 25, 1993 is not in the claims folder. The case is Remanded for the following action: 1. The RO should verify the veteran's current correct address based on the discussion above, and, if necessary, ask his representative for assistance. 2. Once the above has been accomplished, the veteran should be accorded a VA audiometric examination to ascertain the presence or absence of bilateral defective hearing pursuant to VA Standards, as set forth in 38 C.F.R. § 3.385 (1994). Copies of all correspondence concerning this examination from the RO and the VA audiology clinic (Medical Administration Service) to the veteran must be placed in the claims folder. When the above development has been completed, the case should be reviewed by the RO. If the benefit appealed for is not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable time to reply thereto. Thereafter, the case should be returned to the Board for further appellate consideration, as required. No action is required of the veteran until notified. The purpose of this remand is to procure clarifying data. BRUCE E. HYMAN 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).