BVA9504327 DOCKET NO. 93-02 600 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to an increased (compensable) rating for otitis media of the left ear. 2. Entitlement to an increased (compensable) rating for hearing loss of the left ear. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Bernard T. DoMinh, Associate Counsel INTRODUCTION The veteran served on active duty from July 1937 to July 1940 and from September 1940 to August 1945. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Waco, Texas, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claims for compensable ratings for his service- connected otitis media and hearing loss of his left ear. The veteran also appears to be claiming service connection for tinnitus in an October 1992 letter. As this issue has not yet been adjudicated, it is referred to the RO for additional development and consideration. REMAND A September 1992 VA ear examination, for evaluation of his chronic suppurative otitis media, showed no active suppurative process in his left ear. However, in his letter of October 1993, the veteran stated that he had a persistent infection in both of his ears, with more severe symptoms in his left and was being treated by a physician, Dr. Cresent Mendez, who had prescribed medication. These records need to be obtained. As the ear infection described by the veteran may be related to his service-connected otitis media of the left ear, and because the veteran has alleged the existence of current medical records which are relevant to one of his claims and are not on file, further development of the case is required. Hence, the case is REMANDED for the following development: 1. The RO should ask the veteran to provide the names and addresses of all medical care providers, both private and VA, who treated him for hearing and ear problems, including otitis media, since his last VA compensation examination in September 1992. After securing the necessary release forms, the RO should obtain these records, including those from the physician identified as Dr. Cresent Mendez, pursuant to the procedures set forth in 38 C.F.R. § 3.159 (1993). 2. The RO should also schedule the veteran for an audiological examination to evaluate the severity of his service-connected hearing loss of his left ear. All indicated tests should be performed. An ear examination should also be provided to evaluate the severity of his service- connected otitis media. The physician should indicate whether the suppurative process is continuing. The veteran's claims folder must be made available to the examiners for review. Thereafter, the RO should review the claims for increased (compensable) evaluations for otitis media and hearing loss of the left ear. If the veteran is dissatisfied with the decision, he and his representative should be issued a supplemental statement of the case and given an opportunity to respond. Then the case should be returned to the Board. M. CHEEK 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).