Citation Nr: 0812116 Decision Date: 04/11/08 Archive Date: 04/23/08 DOCKET NO. 06-13 545 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Michael A. Pappas, Counsel INTRODUCTION The veteran (appellant) served on active duty from November 1968 to October 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2005, rating decision of the Department of Veterans Affairs (VA), Cleveland, Ohio, Regional Office (RO), that denied the claims of entitlement to service connection for bilateral hearing loss and entitlement to service connection for tinnitus. In January 2008, the veteran testified at a travel Board hearing at the RO before the undersigned Veterans' Law Judge. The transcript of that hearing has been associated with the claims file, and the case is now ready for appellate review. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND VA audiometric examination dated in January 2005 document complaints and diagnoses of bilateral hearing loss and tinnitus. The veteran's statements regarding his exposure to acoustic trauma in service have been deemed credible. Such exposure could, at least conceivably, be related to the current hearing disorders at issue. The veteran has not been afforded a VA examination for the purpose of obtaining an opinion as to the origin of these disabilities. VA's duty to assist the claimant while developing his claims includes obtaining a medical opinion whenever such an opinion is necessary to make a decision on the claim. See 38 U.S.C.A. § 5103A(d) (West 2002). 38 C.F.R. § 3.159(c)(4) (2007). Accordingly, the case is REMANDED for the following action: 1. Schedule the veteran for a VA audiometric examination to determine whether bilateral hearing loss and tinnitus, if found, bears any relationship to service, including the veteran's exposure to acoustic trauma in service. The claims file must be made available to and pertinent documents therein reviewed by the examiner in connection with the examination. Any further indicated special tests and studies should be conducted. The examiner must address the following medical question for each of the disorders at issue: Is it at least as likely as not (at least a 50 percent probability) that bilateral hearing loss and/or tinnitus, if found, is related by etiology to service on any basis? A complete rationale for any opinions expressed should be provided. 2. Thereafter, review the claims file to ensure that all of the foregoing requested development has been completed, and pursue any development required by the record at hand, including further medical examination. In particular, review the requested examination report and required medical opinions to ensure that they are responsive to and in complete compliance with the directives of this remand and if they are not, implement corrective procedures. 3. Thereafter, readjudicate the veteran's claims of entitlement to service connection for bilateral hearing loss and entitlement to service connection for tinnitus again review the veteran's claim. If any benefit sought on appeal remains denied, the veteran and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. 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; however, the veteran is hereby notified that failure to report for any scheduled VA examination(s) without good cause shown may adversely affect the outcome of his claims for service connection and result in a denial. 38 C.F.R. § 3.655 (2007). The appellant has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ M. E. LARKIN Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2007).