BVA9501641 
DOCKET NO.  93-09 549     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas

THE ISSUES

1.  Entitlement to a compensable evaluation for otitis externa of
the right ear.

2.  Entitlement to a compensable evaluation for bilateral high
frequency hearing loss.

3.  Entitlement to an increased evaluation for tinnitus,
currently rated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

John D. Nachmann, Associate Counsel

INTRODUCTION

The veteran had active military service from October 1964 to
October 1967.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a rating decision of January 1992 by the
Department of Veterans Affairs (VA) Waco, Texas, Regional Office
(RO).

In an April 1992 letter, the veteran's representative raised a
number of issues.  Although the RO subsequently adjudicated most
of these issues, the issue of entitlement to a compensable
evaluation for residuals of a gunshot wound of the right knee was
not addressed.  Since this issue has not been developed or
certified for appellate consideration, it is referred to the RO
for appropriate action.

REMAND

The veteran has submitted well-grounded claims within the meaning
of 38 U.S.C.A. § 5107(a).  See Murphy v. Derwinski,
1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55
(1990).  That is, the Board finds that he has submitted claims
which are plausible.  The VA therefore has a duty to assist the
veteran in developing facts pertinent to his claims.  See Littke
v. Derwinski, 1 Vet.App. 90, 91-92 (1990).

In his November 1993 informal hearing presentation, the veteran's
representative requested that this case be remanded to the RO for
further development.  Specifically, the representative asked that
the RO adjudicate the issue of entitlement to service connection
for vertigo prior to the rendering of a decision on the issues
currently before the Board.

The United States Court of Veterans Appeals has stated that two
issues are "inextricably intertwined" when they are so closely
tied together that a final Board decision cannot be rendered
unless both issues have been considered.  See Harris v.
Derwinski, 1 Vet.App. 180, 183 (1991).  The Board believes that
in light of the Harris decision, the issue of entitlement to
service connection for vertigo should be resolved prior to final
appellate consideration of the issues of entitlement to increased
evaluations for otitis externa of the right ear, bilateral high
frequency hearing loss, and tinnitus.

In addition, the Board notes that in April 1993, the veteran
submitted private medical records which indicate that he has
received treatment for hearing loss and otitis externa since his
most recent December 1991 VA examination.

Accordingly, this case is REMANDED for the following actions:

1.  The RO should develop the veteran's
claim of entitlement to service connection
for vertigo.

2.  The veteran should be afforded special
ear and audiological examinations in order
to assess the nature and extent of his
otitis externa of the right ear, bilateral
high frequency hearing loss, and tinnitus
as currently manifested.  The claims file
or copies of all relevant records therein
must be made available to the examiner
prior to and during the examination for a
complete study of the case.

3.  If any determination made is
unfavorable to the veteran, a supplemental
statement of the case, which sets forth the
evidence of record as well as the laws and
regulations on the issue of entitlement to
service connection for vertigo, if
appealed, should be furnished to the
veteran and his representative.

After affording the veteran and his representative the
appropriate period of time in which to respond to the
supplemental statement of the case, the veteran's claim should be
returned to the Board for further appellate consideration, if
otherwise in order.

The purpose of this REMAND is to obtain additional development,
and the Board does not intimate any opinion as to the merits of
the case, either favorable or unfavorable, at this time.  No
action is required of the veteran until he is notified.

          WARREN W. RICE, JR.
          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).