BVA9502734 
DOCKET NO.  93-10 961     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Indianapolis,
Indiana

THE ISSUE

Entitlement to an increased (compensable) rating for right ear
hearing loss disability.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

J. Dutzman, Associate Counsel

INTRODUCTION

The veteran had active duty from January 1943 to March 1946.

This appeal is taken from a Regional Office (RO) determination in
December 1992, which confirmed and continued a noncompensable
evaluation for right ear hearing loss disability.

REMAND

In his substantive appeal, dated and received in April 1993, the
veteran asserted that the incurrence of right ear hearing loss in
service must be considered a significant change in his total
hearing ability at the time of induction, including pre-existing
total deafness in the left ear, so as to constitute aggravation.
He also contended that he "should be granted service connection
for hearing loss in BOTH ears."  Such statements may be liberally
construed as a claim for entitlement to service connection for
left ear hearing loss disability.  The Board notes that service
connection for left ear hearing loss disability was most recently
denied by an unappealed RO determination in February 195l.  The
issue of whether new and material evidence has been submitted to
reopen a claim for service connection for left ear hearing loss
is inextricably intertwined with the appeal of an evaluation for
hearing loss disability.  Such issue has not been adjudicated by
the RO.

The United States Court of Veterans Appeals (the Court) has held
that the Board's duty includes development of all issues
reasonably raised from a liberal reading of the entire record,
especially where such issue is inextricably intertwined with the
issue on appeal.  Myers v. Derwinski, 1 Vet. App. 180 (1991);
Harris v. Derwinski, 1 Vet. App. 180 (1991).

To ensure that VA has met its duty to assist the claimant in
developing the facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the regional office (RO) for the following development:

The RO should develop and adjudicate the
issue of whether new and material evidence
has been received to reopen the veteran's
claim of entitlement to service connection
for left ear hearing loss disability.
Notice of the determination and the right
to appeal should be provided to the
appellant and his representative.

After completion of the above requested action, the veteran and
his representative should be furnished with a supplemental
statement of the case as to any issue for which a valid notice of
disagreement has been submitted.  They should then be given a
reasonable opportunity to respond.  Thereafter, following
compliance with all other procedures relative to the processing
of appeals, the case should be returned to the Board for further
appellate consideration of all issue(s) for which a valid
substantive appeal has been submitted.  No action is required of
the veteran until he receives further notice.

          U. R. POWELL
          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).