BVA9504193 DOCKET NO. 93-11 652 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. Reynolds, Associate Counsel INTRODUCTION The veteran served on active duty from December 1944 to March 1949, and from June 1949 to June 1972. This appeal arises from a rating decision in March 1992 by the Chicago, Illinois, Regional Office (RO). REMAND The veteran contends, in essence, that the RO erred when it denied service connection for tinnitus. He specifically alleges that he has ringing in his ear which has been consistent since active duty. As noted above, the veteran had two periods of active duty service. However, the record does not contain any medical reports from his first period of service, which ended in March 1949. A review of the available service medical records reveal the veteran was seen in January 1968 when he reported a history of intermittent ringing in his left ear for "at least" 20 years. This reported history dates the onset of tinnitus to "at least" 1948, during the veteran's first period of service. Additionally, the available service medical records reveal that the veteran reported a history of ear infection prior to service, during childhood. Reports of any medical treatment provided for ear problems, prior to service, at least since childhood, would be useful in adjudicating the current appeal. The United States Court of Veteran Appeals (Court) has held that the duty of the VA to assist veterans in the development of facts pertinent to their claims, under 38 U.S.C.A. § 5107(a) (West 1991) and 38 C.F.R. § 3.103(a) (1993), as set forth by the Court in Littke v. Derwinski, 1 Vet. App. 90 (1990), requires that VA accomplish additional development of the record, if the record currently before it is inadequate. Accordingly, this case is REMANDED for the following: 1. The RO should contact the veteran and request the name and address of all providers of medical treatment for ear problems prior to service, to include any ear infections during childhood. Upon receipt of such information, the RO should request a copy of all reports of such treatment from the identified providers. Any authorization necessary for the release of such information should be requested from the veteran. 2. The RO should contact the National Personnel Records Center (NPRC) and request all reports of medical treatment of the veteran during his first period of service, from December 7, 1944 to March 4, 1949. Additionally, the NPRC should be requested to provide all medical reports, not already of record, pertaining to the veteran's subsequent active duty service from June 2, 1949 to September 3, 1969, to include a report of examination upon re-enlistment into service, in June 1949. 3. The veteran should be afforded a VA audiological evaluation in order to ascertain the current presence and nature of tinnitus of either ear. All tests and studies indicated should be performed at this time, and specific findings provided relative to the presence of tinnitus in each ear. The examiner should also be requested to render an opinion as to the etiology of any currently identified tinnitus, to include whether any tinnitus currently manifested is related to the episodes of ringing in the ears that were reported in the service medical records in January 1968 and April 1972, and initially after service in September 1972. The examiner should be requested to present all findings and reasons and bases therefor, in a clear comprehensive, and legible manner on the evaluation report. The claims folder must be made available to the examiner prior to his or her evaluation of the veteran. 4. Following completion of the above, the RO should again review the veteran's claim and determine whether service connection for tinnitus can now be granted. If the decision remains adverse to the veteran, he and his representative should be provided with a supplemental statement of the case, and with a reasonable period of time within which to respond thereto. The case should thereafter be returned to the Board for further consideration, as appropriate. The veteran need take no action until he is so informed. The purposes of this REMAND are to obtain additional evidence and to ensure compliance with due process considerations. 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) (1994).