Citation Nr: 0812247 Decision Date: 04/14/08 Archive Date: 05/01/08 DOCKET NO. 05-18 727 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for right ear hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD N. Kroes, Associate Counsel INTRODUCTION The veteran served on active duty from January 1970 to November 1971. The veteran also has service in the United States Army Reserve. The veteran's decorations include the Combat Infantryman Badge. This case comes before the Board of Veterans' Appeals (Board) on appeal from the Houston, Texas, Department of Veterans Affairs (VA) Regional Office (RO). The veteran had perfected an appeal for the issues of entitlement to service connection for left ear hearing loss and tinnitus. In an October 2007 rating decision, the RO awarded service connection for left ear hearing loss and tinnitus. Thus, these issues are no longer on appeal. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997); Hamilton v. Brown, 4 Vet. App. 528 (1993) (en banc), aff'd, 39 F.3d 1574 (Fed. Cir. 1994). In March 2008, the veteran testified at a personal hearing before the undersigned Veterans Law Judge at the RO. A transcript of that hearing has been associated with the claims file. 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 The veteran asserts that he has right ear hearing loss as a result of his military service. The veteran was afforded a VA audiological examination in July 2003. In the corresponding examination report and its addendum, the VA examiner opined that the veteran's hearing loss was at least as likely as not related to his military activities while in the Army Reserve. However, the right ear controlled speech discrimination test and pure tone audiometry test from July 2003 were not indicative of hearing loss for VA purposes. See 38 C.F.R. § 3.385 (2007). The veteran's last VA hearing examination was almost 5 years ago. In his April 2004 notice of disagreement and in his testimony before the undersigned, the veteran has asserted that his hearing has gotten worse since his July 2003 VA examination. A May 2005 audiology test for the issuance of hearing aids is of record; however, the findings are reported in decibels of sound pressure level (dB SPL) and no findings from a controlled speech discrimination test are included. An examination for hearing impairment for VA purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a pure tone audiometry test. 38 C.F.R. § 4.85 (2007). Examinations must be conducted without the use of hearing aids. Id. The Board is of the opinion that the veteran should be afforded another VA examination to determine the current level of right ear hearing loss. Accordingly, the case is REMANDED for the following action: 1. The veteran should be scheduled for a VA audiometric examination to determine the current level of right ear hearing loss. All indicated tests should be accomplished, and all clinical findings reported in detail. 2. The veteran's entire file should then be reviewed and his claim readjudicated. If any benefit sought on appeal remains denied, the veteran and his representative should be furnished an appropriate supplemental statement of the case and afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. The veteran has the right to submit additional evidence and argument on the matter 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). _________________________________________________ WAYNE M. BRAEUER 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).