BVA9505778 DOCKET NO. 93-14 008 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Washington, DC THE ISSUES 1. Entitlement to service connection for left ear hearing loss and tinnitus. 2. Entitlement to a rating in excess of 10 percent for right ear hearing loss. ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active military service from July 1987 to July 1991. The Board of Veterans' Appeals (Board) notes that service connection for left ear high frequency hearing loss was denied in part because hearing loss was not shown according to the standards of 38 C.F.R. § 3.385, which states that hearing loss will be considered to be a disability when the threshold level in any of the frequencies 500, 1000, 2000, 3000 and 4000 Hertz is 40 decibels or greater; or the thresholds for at least three of these frequencies are 26 decibels or greater; or speech recognition scores using the Maryland CNC test are less than 94 percent. Department of Veterans Affairs, 38 C.F.R. Part 3; Disability Due to Impaired Hearing, 59 Fed. Reg. 60560 (1994) (to be codified at 38 C.F.R. § 3.385). The Board observes that speech recognition testing was not performed concomitant with audiological testing in April 1992. While the Department of Veterans Affairs (VA) Schedule for Rating Disabilities permits the evaluation of service-connected hearing loss without speech recognition testing, no provisions exist for the determination of service-connection for hearing loss without speech recognition testing. Occasional tinnitus in the left ear was also diagnosed in April 1992, although at this time only the right ear's hearing loss is service-connected. The VA has a duty to assist the appellant in the development of facts pertinent to his claims. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994). Accordingly, the case is REMANDED to the regional office (RO) for the following actions: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for the claimed disorders since service separation. After securing the necessary release, the RO should attempt to obtain these records. 2. The veteran should be afforded a VA audiological examination, to determine (1) the nature and severity of left ear hearing loss, using both pure tone thresholds and speech recognition scores, and (2) the etiology of any tinnitus. For the purpose of ensuring that Maryland CNC speech recognition testing is performed, the examiner should be forwarded the Maryland CNC word list and the cassette tape containing testing for said list, if possible. A complete history should be elicited. The etiology of any tinnitus or left ear hearing loss identified should be specified, if possible. If any request stated herein cannot be fulfilled, then this should be expressly stated. The claims folder should be made available to the examiner for review before the examination. Any indicated diagnostic tests should be performed. 3. After completion of the above development, if any claim remains in a denied status, the RO should consider all of the evidence raised since the case was last forwarded to the Board and issue a supplemental statement of the case to the veteran. Reasonable response time should be allowed. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. V. L. JORDAN 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).