BVA9508134 DOCKET NO. 93-10 735 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to an increased rating for urticaria and tinea dermatophytosis, currently rated as 10 percent disabling. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Michael Martin, Counsel REMAND The veteran had active service from October 1965 to October 1967, and from February 1972 to July 1992. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of September 1992 by the Department of Veterans Affairs (VA) Nashville, Tennessee, Regional Office (RO). The case was previously remanded to the RO in February 1994 to afford the veteran current examinations. Pursuant to the Board's remand, the veteran underwent VA audiology and ear, nose and throat (ENT) examinations in March and April 1994, respectively. The audiologist recommended the ENT examination to explore the profound nature of hearing loss in the veteran's left ear. The physician diagnosed sensorineural hearing loss secondary to noise exposure, but noted that an MRI was required to rule out acoustic neuroma. The veteran contends that he is entitled to service connection for hearing loss because hearing loss which he had in his left ear since childhood was aggravated by his service in Vietnam during his period of active duty from 1965 to 1967. The RO has denied the claim because it was determined that hearing loss in the left ear existed prior to service and was not aggravated by service. Significantly, however, the service medical records which are contained in the veteran's claims file are all from his later period of service (1972 to 1992). There are no records from his initial period of service. The claims folder also does not contain any documentation regarding efforts by the RO to obtain such records. The veteran has requested that additional efforts be made in order to locate these service medical records. The Board is of the opinion that, in light of the importance of these records in evaluating the veteran's claim, another attempt to locate such records is warranted. Copies of the veteran's service personnel records should also be requested as they may contain information regarding the veteran's exposure to noise during service. Recent decisions by the United States Court of Veterans Appeals (Court) are also pertinent in cases involving questions of aggravation of disabilities by service. In Hensley v. Brown, 5 Vet.App. 155, 161 (1993), the Court held that a conclusion by the Board that objectively measured worsening of left ear hearing capacity during service did not constitute an increase in disability may not be based on the Board's own unsubstantiated medical conclusions but instead must be based on independent medical evidence in the record or adequate quotation from recognized medical treatises. In Crowe v. Brown, No. 93-550 (U.S. Vet.App. Dec. 20, 1994), the Court held that a medical opinion is required to determine (1) Whether there was a worsening of a pre-existing disorder during service, and (2) If so, whether there was clear and unmistakable evidence that the increase in severity was due to the natural progress of the disease. Finally, the Board notes that a report of a dermatology examination conducted by the VA in March 1994 shows that the examiner advised the veteran to make an appointment as soon as possible in the dermatology and allergy clinics. The Board finds that records from any such appointments would be helpful in connection with the current appeal. Accordingly, this case is REMANDED for the following actions: 1. The RO should attempt to obtain copies of the service medical records from the veteran's period of service from 1965 to 1967, and copies of the veteran's service personnel records for both periods of service. The RO should also obtain copies of any post-service treatment records pertaining to either the veteran's hearing loss or his service-connected skin disorder. Any documents which are obtained should be added to the veteran's claims file. 2. A VA audiologist should be requested to review the veteran's claims file and offer a medical opinion as to whether the records demonstrate that any pre-existing hearing loss, particularly in the left ear, increased in severity during service, and, if so, whether the increase in severity was beyond the normal progression of the disease. If any additional testing or evaluation of the veteran is considered necessary to provide an informed opinion, such testing should be accomplished. The rationale for all opinions reached should be stated. Upon completion of the foregoing, the RO should again consider the veteran's claims. Unless the benefits sought are granted to the veteran's satisfaction and he withdraws his appeal, the RO should issue to the veteran a supplemental statement of the case and allow him the appropriate period of time to respond. Then, the case should be returned to the Board for further appellate review. 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 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).