BVA9505203 DOCKET NO. 93-12 323 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for tinnitus. 3 Entitlement to an effective date earlier than September 17, 1991 for a grant of service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Joseph Horrigan, Counsel INTRODUCTION The veteran served on active duty from November 1966 to July 1976. This matter came before the Board of Veterans' Appeals (Board) from an August 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. In August 1994, the case was returned to the RO for adjudication of a claim of service connection for the residuals of exposure to herbicides during service. This claim was denied by the RO by rating action of August 30, 1994, and the veteran was informed of this decision by letter dated August 31, 1994. Neither the veteran nor his representative has expressed disagreement with this denial of service connection for the residuals of exposure to herbicides and this issue is not before the Board for appellate consideration at this time. REMAND The veteran's service medical records are obviously incomplete in that only his reports of examination on enlistment and discharge are currently in the claims folder. The veteran's representative has requested that an attempt be made to obtain additional service clinical records. Although several attempts have been made to obtain additional service records, the Board believes that a further search for this documentation is appropriate prior to appellate consideration of the veteran's claim. In addition, relevant clinical documents have recently been associated with the claims folder which have not been considered by the RO in the adjudication of the veteran's claim and he has not waived his right to such consideration by the RO. The Board also notes that bilateral hearing loss was noted on the veteran's May 1976 examination prior to separation from service and a bilateral sensorineural hearing loss was noted on recent audiometric evaluations. During these recent evaluations the veteran was also noted to complain of tinnitus but no diagnosis of this disorder was rendered. The record contains a copy of a citation awarding the veteran the Air Medal which indicates that he was exposed to combat and resulting acoustical trauma during service. During VA hospitalization in September 1991, it was noted that the veteran had previously been prescribed medication, Prozak, for depression. This medication had been prescribed by a Dr. Lynch. He also reportedly completed a treatment program at City Hospital in early to mid-1991. The September 1991 summary includes a diagnosis of post-traumatic stress disorder (PTSD) by history, which would seem to suggest the possibility of an earlier diagnosis. Medical records have not been sought in this regard. In view of the foregoing and given the duty to assist the veteran under the provisions of 38 U.S.C.A. § 5107(a) (West 1991), this case is remanded to the RO for the following development. 1. The RO should request the service department to conduct a further search for additional service medical records especially regarding treatment for head injuries at the U.S. Naval Hospital at El Toro California during 1971. The veteran's service number was [redacted] and his Social Security number is [redacted]. All additional service medical records obtained should be associated with the claims folder. 2. The RO should obtain the names and addresses of all medical care providers who treated the veteran for psychiatric symptomatology prior to September 17, 1991, to include City Hospital, Martinsburg, West Virginia, and Dr. Lynch. After securing the necessary release, the RO should obtain these records. 3. Then, the veteran should be afforded a VA audiometric examination to determine if he has tinnitus and to determine the etiology of his bilateral hearing loss. The claims folder must be made available to the examiner prior to the evaluation so that the pertinent clinical records may be reviewed in detail. The examiner should render a diagnosis of tinnitus, if warranted, and also express his opinion, with complete rationale, regarding the medical probability that the veteran's current hearing loss, or tinnitus, if diagnosed, is due to service. 4. Then, after any further development deemed appropriate, the RO should again adjudicate the issues of entitlement to service connection for hearing loss and tinnitus and an earlier effective date for a grant of service connection for PTSD. The rating decision should reflect con- sideration of all potentially applicable criteria, to include consideration of the applicability of 38 U.S.C.A. § 1154(b). If the benefits sought on appeal are not granted to his satisfaction, the veteran and his representative should be provided a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if appropriate. By this remand, the Board intimates no opinion as to the outcome warranted in this case. No action is required of the veteran until he is so informed by the RO. BARBARA B. COPELAND 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).