BVA9502058 DOCKET NO. 93-00 249 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Albuquerque, New Mexico THE ISSUE Entitlement to service connection for bilateral hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Alan S. Peevy, Associate Counsel INTRODUCTION The veteran had active military service from January 1970 to September 1971. This case is before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision by the Albuquerque, New Mexico, Regional Office (RO). A notice of disagreement was received in July 1992, and a statement of the case was issued in August 1992. A substantive appeal was received in October 1992. The veteran is represented by the Disabled American Veterans. REMAND In a Statement in Support of Claim (VA Form 21-4138) received in January 1990, the veteran reported that he was scheduled for an appointment at a Department of Veterans Affairs (VA) outpatient facility in El Paso, Texas, in February 1990. He further indicated that medical evidence of his claimed hearing loss could be obtained from that outpatient clinic. However, the claims file contains no records from that facility pertaining to that time frame, nor does the record clearly show that such records were requested by the RO for inclusion in the claims file. Under the circumstances, the Board believes an attempt should be made to obtain any such pertinent VA medical records before the Board proceeds with its appellate review. Accordingly, the case is hereby REMANDED to the RO for the following actions: 1. The RO should contact the VA outpatient clinic in El Paso, Texas, and obtain all medical records documenting treatment for any hearing complaints. The RO's request should specifically mention the February 5, 1990, appointment which the veteran referred to in his January 1990 claim. 2. After completion of the above, the RO should consider whether any further development of the record is warranted. The RO should then review the record and determine if the veteran's claim can be granted. If the RO's decision remains adverse to the veteran, then the veteran and his representative should be furnished a supplemental statement of the case setting forth a summary of the evidence, a citation to and discussion of applicable laws and regulations, and a detailed analysis of the reasons for the RO's decision. After affording the veteran and his representative a reasonable opportunity to respond, the case should be returned to the Board for further appellate review. The purpose of this decision is to ensure that all pertinent VA medical records are associated with the claims file. The Board intimates no opinion as to the ultimate determination to be made in this case. EUGENE A. O'NEILL 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. (CONTINUED ON NEXT PAGE) 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).