BVA9502951 DOCKET NO. 93-04 202 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUES 1. Entitlement to an increased (compensable) disability rating for vitiligo. 2. Entitlement to an increased (compensable) disability rating for hearing loss. 3. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: New York Division of Veterans' Affairs ATTORNEY FOR THE BOARD P. H. Mathis, Counsel REMAND The veteran had active service from December 1961 to December 1987. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 1991 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York. Although the RO has assigned noncompensable disability ratings for the veteran's two service-connected disabilities at issue here, a 10 percent combined rating has been established for the service-connected disabilities on the basis that they clearly interfere with normal employability under 38 C.F.R. § 3.324 (1993). In statements received by the RO on September 23, 1991, the veteran provided the names and address of medical treatment providers. Apparently no attempt was made to obtain treatment records, however. Also, in the substantive appeal received by the RO in November 1992, the veteran reported that he had received treatment from civilian health care providers during service for hearing difficulties and tinnitus, but that, although he had signed a release to obtain the records, they were not forwarded because the private facilities told him that they would only release his medical records to a Medical Department. The veteran further asserted that he had been seen by numerous civilian physicians for skin disorders; that the VA examination of his skin was incomplete; that his skin disorders were not active at the time of the examination; and that, although the VA examination reportedly showed normal hearing, he was told by the physician who examined him that hearing aids were needed. As a preliminary matter, the Board finds that the veteran's claim for increased evaluations for his service-connected disabilities is plausible and capable of substantiation, and thus well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991); see Proscelle v. Derwinski, 2 Vet.App. 629 (1992) (a claim of entitlement to an increased evaluation of a service-connected disability generally is a well-grounded claim.) VA has a duty to assist the veteran in the development of facts pertinent to a well-grounded claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993). In view of the foregoing, the Board concludes that further development, as specified below, would be helpful in determining the degree of impairment the veteran is experiencing from his service-connected disabilities and to evaluate any tinnitus shown. 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 VA and non-VA health care providers who have treated him for skin disability, or hearing impairment, including tinnitus, during or since service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran, which have not been previously secured, and associate them with the claims folder. 2. Thereafter, the veteran should be afforded a VA examination by a board certified dermatologist, if available, to determine the current severity of his service-connected skin disorder (currently classified as vitiligo). The examination should be conducted, if possible, when the skin disorder is felt to be symptomatic. If this proves unfeasible, the reasons should be noted in the record. All indicated studies should be performed. All manifestations of the service-connected skin disorder should be described in detail, including, where possible, the size and anatomical location of any lesions. If appropriate, unretouched color photographs of the service-connected skin lesions should be associated with the claims folder. If other currently nonservice- connected skin lesions are found to be present, those should also be identified and described in detail. It is imperative that a copy of this Remand and the claims folder be provided to the examiner for review prior to examination. 3. The veteran should also be afforded a VA examination by a board certified otolaryngologist, if available, to determine the nature and extent of the service-connected hearing loss. All indicated studies, including audiometric testing, should be completed. The examiner is requested to review the claims folder and provide an opinion, with complete rationale, as to whether it is at least as likely as not that any tinnitus shown has the same etiology as the service-connected hearing loss. It is imperative that a copy of this Remand and the claims folder be provided to the examiner for review prior to examination. 4. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claims for an increased evaluation for skin disability and hearing loss, and for service connection for tinnitus. If the benefits sought on appeal are not granted to the veteran's satisfaction, the RO should issue a Supplemental Statement of the Case, 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. In taking this action, the Board implies no conclusion, either legal or factual, as to any ultimate outcome warranted. No action is required of the veteran until he is notified by the RO. ROBERT E. SULLIVAN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).