BVA9500572 DOCKET NO. 93-06 036 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to service connection for hearing loss. ATTORNEY FOR THE BOARD J. Johnston, Associate Counsel INTRODUCTION The veteran had active service from March 1969 to February 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 1992 rating decision of the Montgomery, Alabama, Department of Veterans Affairs (VA) Regional Office (RO) which denied service connection for hearing loss. REMAND By a May 1992 letter to the Board, a Member of Congress forwarded a copy of a December 1992 letter from C. M. Warren, Jr., M.D. This letter stated that the veteran's hearing loss "could certainly be caused by the type of work [he performed] in the Navy." The veteran also has requested a VA examination. Based upon Dr. Warren's opinion, a VA audiometric examination should be performed to determine the nature of the veteran's hearing loss and to request the examiner for an opinion regarding the most probable etiology of that hearing loss. The veteran has claimed that he sought treatment for hearing loss during service and that he spoke with military doctors about his hearing loss but the service medical records on file do not document this. An additional search for service medical records should be conducted. The VA has a duty to assist the veteran in developing all facts pertinent to his claim. Therefore, the case is REMANDED to the RO for the following actions: 1. The veteran should be requested to provide the approximate dates of any audiological or ear examinations which he may have undergone from the time of his separation from service in February 1975 until present and the names and addresses of the treating or evaluating clinicians. With the veteran's assistance and consent, the RO should directly contact any audiologist or physician identified and request copies of the veteran's medical records which should be collected and added to the claims folder. 2. The RO should conduct another search to determine whether there are any additional service medical records that have not already been associated with the claims folder. In this regard, and with the veteran's assistance and consent if necessary, any additional audiological evaluations which the veteran may have undergone after service, while employed as a Civil Service firefighter for an air operations or any other military unit, should be collected and added to the claims folder. 3. The veteran should be requested to provide a detailed list of all of his post- service employment since he was separated from service in February 1975, including the name and address of each employer, the dates of employment, and a brief description of the type of duties he performed. With the veteran's consent, the RO should directly contact each source identified and request each employer to explain the veteran's duties and whether the veteran was exposed to a loud noise or acoustic trauma as a part of those duties. Additionally, the RO should attempt to secure copies of any audiometric examinations which may have been taken in conjunction with the veteran's employment. 4. After completion of the above development, the veteran should be referred for a VA audiometric examination. The examiner should fully describe the nature and level of any hearing loss found. The claims folder, including all evidence obtained during this remand and this remand decision, should be made available to the examiner prior to the examination for use in evaluating the veteran's case. Additionally, after conducting the examination and after reviewing the claims folder (including all audiometric examinations of record), the examiner should express an expert opinion of whether it is more, less, or equally probable that the veteran's present hearing loss is causally related to his exposure to loud aircraft noise during service. The veteran's case should be referred to an otolaryngologist if the audiologist is unable to provide the required opinion. 5. Following completion of the above development, the RO should review all of the evidence, including Dr. Warren's statement and that obtained during the remand, and determine whether the veteran's claim of entitlement to service connection for hearing loss may be allowed. If the benefit sought on appeal is not granted to the veteran's satisfaction, he and his representative should be provided an appropriate supplemental statement of the case and a reasonable opportunity to respond. The case should then be returned to the Board for further appellate review. The veteran need do nothing until further notified. JANE E. SHARP 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).