BVA9505816 DOCKET NO. 91-38 758 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to an increased evaluation for arteriosclerotic heart disease with hypertension, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The veteran had active military service from September 1935 to September 1955, when he retired. In an August 1992 letter, the veteran appears to raise the issue of entitlement to service connection for osteoarthritis. It further appears that the veteran is requesting service connection for renal insufficiency, as evidenced by a November 1992 letter received at the Board from Congressman Mervyn M. Dymally's office. The veteran also appears to have raised the issue of entitlement to service connection for gout in a May 1994 letter. It further appears that the veteran raised the issues of entitlement to service connection for headaches, dizziness, and other effects resulting from his present medications in a June 1994 letter. As these matters are not properly before the Board, they are referred to the RO for further development. In addition, on referral to another section of the Board, the issue of entitlement to reimbursement of unauthorized medical expenses has been deferred. REMAND The veteran underwent a Department of Veterans Affairs (hereinafter, VA) audiological examination in February 1994. Following the audiological examination, the examiner rendered an opinion that none of the medications that the veteran was taking for his arteriosclerotic heart disease were known to cause direct damage to the inner ears. The examiner further noted: "Although arteriolosclerotic heart disease can cause a narrowing of the small arteries including the cochlear divisions of the internal carotid artery by the generalized arteriolosclerotic heart disease. I believe that this can contribute to his hearing loss." In accordance with 38 C.F.R. § 3.310 (1994), a disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. While the VA examiner indicated that the veteran's arteriolosclerotic heart disease could contribute to his hearing loss, he did not indicate the specific cause or causes of the veteran's present day sensorineural hearing loss. As such, the Board is of the opinion that additional development is in order. To ensure that the 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 RO for the following development: 1. The RO should request that the veteran supply the names, dates, and places of any individuals or treatment facilities that have treated him for the disabilities presently on appeal subsequent to February 1994. After securing the necessary release, the RO should obtain these records. 2. Thereafter, the veteran should be scheduled for a special VA otolaryngologic examination to determine the etiology of his bilateral sensorineural hearing loss. If further audiometric studies are indicated, they should be done. All pertinent symptoms and findings should be reported in detail. The examiner should specifically comment as to whether the veteran's arteriosclerotic heart disease caused his current sensorineural hearing loss or whether his hearing loss is more likely due to other factors. The veteran's claims folder must be available to, and reviewed by, the examiner prior to the examination. The RO should then review the case in light of any additional data obtained. If the benefits sought on appeal remain denied, a supplemental statement of the case should be furnished to the veteran and his representative. They should be afforded a reasonable period of time to respond. Thereafter, the case should be returned to the Board for further appellate consideration. By this remand, the Board intimates no opinion as to the ultimate outcome of this case. (CONTINUED ON NEXT PAGE) GEORGE R. SENYK 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).