BVA9506168 DOCKET NO. 93-14 787 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for hypertension. 2. Entitlement to an increased (compensable) rating for service- connected bilateral hearing loss. 3. Entitlement to an increased (compensable) rating for service- connected tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Richard E. Coppola, Associate Counsel INTRODUCTION The veteran served on active duty from August 1970 to June 1990. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision of December 1990 from the St. Petersburg, Florida, Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for several disabilities, including bilateral hearing loss and tinnitus, but denied service connection for hypertension. In his substantive appeal, the veteran specifically limited the issues on appeal. In October 1992, the RO denied entitlement to service connection for basal cell carcinoma and gingivitis. The RO notified the veteran of that decision by letter dated November 20, 1992; and he did not appeal that decision. REMAND The veteran's representative argues that the veteran has recently been issued hearing aids by the Tampa, Florida, VA Medical Center in connection with his service-connected bilateral hearing loss. The representative argues that these records should be obtained prior to a final decision on that issue. It is also contended that the veteran's hearing acuity has decreased and is not adequately reflected by the most recent audiometric findings. The September 1990 VA examination report notes occasional tinnitus aurium in both ears, presumably reported to the examiner by the veteran. At the personal hearing, the veteran testified that the ringing in his ears had been constant over the course of many years and only varied in intensity, and that the VA examiner incorrectly reported his symptoms during the September 1990 VA examination. Transcript, p. 4 (Mar. 1992). The representative argues that the veteran should be afforded a contemporaneous VA audiology examination to determine the current severity of his bilateral hearing loss and tinnitus. Under the circumstances, the Board finds that additional development of the evidence is necessary. Accordingly, the case is REMANDED for the following actions: 1. The veteran should identify the names and addresses of any medical care providers, VA or otherwise, who have treated him for the disabilities at issue since separation from service. The veteran has indicated receiving audiology treatment at the Tampa, Florida, VA Medical Center and the medical clinic at MacDill Air Force Base. After obtaining any needed authorization from the veteran, the RO should request copies of all these record. 2. The veteran should undergo an audiology examination in order to determine the current manifestations and severity of his service-connected bilateral hearing loss and tinnitus. The examination should be conducted in accordance with VA's Physician's Guide for Disability Evaluation Examinations, and should include audiometric studies and any other indicated testing. The claims folder must be made available to the examiner for review in connection with the examination. 3. When the above development has been completed, the case should be reviewed by the RO. The rating decision should reflect consideration of all potentially applicable criteria, to include consideration of the applicability of 38 C.F.R. § 3.321(b)(1). If the decision remains adverse to the veteran in any way, he and his representative should be furnished with a supplemental statement of the case which summarizes the pertinent evidence and provides reasons and bases for the decision. They should then be afforded the applicable time period to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. Further action with respect to the claim for service connection for hypertension is deferred pending completion of the requested actions. CHARLES E. HOGEBOOM 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 deter- mination. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).