BVA9500125 DOCKET NO. 93-05 474 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for a disability manifested by dizzy spells. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States REMAND The VA has a duty to assist an appellant in developing facts pertinent to a potentially well grounded claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103, 3.159 (1993). That duty includes obtaining medical records and medical examinations where indicated by the facts and circumstances of an individual case. See Murphy v. Derwinski, 1 Vet.App. 78 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). The veteran served from March 1961 to March 1964. He has a current hearing loss demonstrated on Department of Veterans Affairs (VA) examination in July 1992. The examiner did not express an opinion as to any relationship between that hearing loss and the noise exposure alleged in service. See Hensley v. Brown, 5 Vet.App. 155, 159 (1993). The veteran has also referred to more recent treatment for dizzy spells, particularly in December 1992, at a VA facility but those medical records have not been obtained. Therefore, it is the decision of the Board that the case be REMANDED for the following development: 1. The Regional Office (RO) should obtain and make a part of the record copies of treatment records pertaining to the veteran from June 1992 to the present from the VA Medical Center in Alexandria, Louisiana. 2. The RO should schedule the veteran for audiological evaluation which must include an opinion by the examiner as to whether or not any current hearing loss is attributable to service or injury therein, including acoustic trauma. When the aforementioned development has been accomplished the case should be reviewed by the RO. In the event the benefits sought are not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until he is notified. (CONTINUED ON NEXT PAGE) HOLLY E. MOEHLMANN 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) (1993).