BVA9501087 DOCKET NO. 90-53 595 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to service connection for hearing disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Nancy S. Kettelle, Counsel INTRODUCTION The veteran served on active duty from March 1941 to December 1946 and from December 1947 to December 1951. This matter came to the Board of Veterans' Appeals (Board) on appeal from a decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. In an August 1992 decision, the Board denied service connection for lung disability, residuals of a right knee injury and hearing loss. The veteran appealed to the United States Court of Veterans Appeals (Court). In a July 1994 memorandum decision, the Court affirmed the Board's denial of service connection for lung disability and residuals of a right knee injury. [citation redacted]. In the same decision, the Court vacated that part of the Board's decision that denied service connection for hearing loss and remanded the issue to the Board for readjudication. REMAND The veteran has submitted his notarized statement reporting that during World War II he served in the Pacific on the USS Oberrender (DE-344). He states that he was on board when the USS Mount Hood was blown up near his ship. In addition, he reports a Japanese kamikaze plane hit the Oberrender and caused an explosion that resulted in extensive and heavy damage to the ship. He was a first class machinist and during the explosions was in the engine room and damage control. He asserts that due the explosions he has experienced severe difficulty in hearing requiring the use of hearing aids. In view of the veteran's statement concerning his combat experience and the lack of success in obtaining service medical records for the veteran, the Board is of the opinion that the case should be remanded for additional medical development including an audiological examination. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses and approximate dates of treatment for all health care providers who have treated or evaluated his hearing loss at any time since service. With any necessary authorization from the veteran, the RO should attempt to obtain and associate with the claims file copies of treatment records identified by the veteran which have not been secured previously. 2. The RO should also advise the veteran that he may submit any additional evidence that he believes will support his claim. Upon receipt of the veteran's response, the RO should undertake any appropriate development. 3. Then, the RO should arrange for a VA ear, nose and throat examination by an appropriate specialist, if available, and a VA audiological evaluation to determine the nature and extent of the veteran's claimed hearing loss. All indicated studies should be performed. The physician and audiologist should be requested to provide an opinion, with complete rationale, as to whether it is at least as likely as not that any hearing loss was caused by noise exposure in service. The claims folder must be made available to the examiners prior to the examinations. 4. Thereafter, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate entitlement to service connection for hearing loss disability with explicit consideration of 38 U.S.C.A. § 1154 (West 1991) and 38 C.F.R. § 3.303(d) (1993). If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a Supplemental Statement of the Case for all issues in appellate status, and the veteran and his representative should be provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. ROBERT E. SULLIVAN 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).