BVA9502960 DOCKET NO. 93-09 186 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to a compensable evaluation for tinnitus. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD N. W. Fabian, Associate Counsel REMAND The veteran had active duty from April 1966 to April 1992. To ensure that the Department of Veterans Affairs (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 regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for tinnitus since June 1992. After securing the necessary release, the RO should obtain these records. 2. The veteran should be afforded a VA ear, nose, and throat examination to determine if the veteran's tinnitus is due to head injury, concussion, or acoustic trauma. The claims folder should be made available to the examiner for review before the examination. The examination should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations. The examiner should be asked to provide an opinion on whether the veteran's tinnitus was caused by head injury, concussion, or acoustic trauma. If, after RO review, the decision remains adverse to the veteran, a Supplemental Statement of the Case, which includes all issues for which a Notice of Disagreement has been filed and which includes all pertinent law and regulations not previously provided to the veteran, should be issued and the veteran and his representative afforded an opportunity to respond. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until notified. JOHN E. ORMOND 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).