Citation Nr: 0814075 Decision Date: 04/29/08 Archive Date: 05/08/08 DOCKET NO. 07-08 696 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUE Entitlement to service connection for bilateral hearing loss. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD S. Richmond, Associate Counsel INTRODUCTION The veteran had active military service from July 1967 to July 1969. This matter comes to the Board of Veterans' Appeals (Board) from a July 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada, which denied service connection for bilateral hearing loss. In February 2008, the veteran testified before the undersigned Veterans Law Judge at a Board hearing at the RO. A transcript of the hearing is of record. 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 Defective hearing was noted at entry into service in December 1966. The veteran was found to have high tone deafness that was not sufficient to impair hearing of spoken voice. The examiner noted that the hearing loss indicated exposure to loud noises for an extended period, which might result in additional hearing loss extending into the spoken voice. The veteran testified that during his 12 months in Vietnam he was attached to the 11th Calvary in the artillery unit and was exposed to about 1,000 rounds of 105 and 155 artillery fire, and MM tanks. His military occupational specialty was Medical Specialist and he earned, in pertinent part, the Combat Infantryman Badge, which shows he was exposed to combat situations in service. A February 2007 VA examination was provided, in which the examiner noted that the veteran's bilateral hearing loss was present at entry into service and that mild hearing loss was noted at discharge from service. The examiner found that the veteran's hearing loss was not related to service. However, the examiner did not provide an opinion as to whether the veteran's pre-existing hearing loss was aggravated in service beyond the natural progress of the disability. Therefore, another VA examination should be provided addressing this matter. Accordingly, the case is REMANDED for the following action: 1. Schedule the veteran for a VA audiological examination to determine whether the veteran's pre-existing bilateral hearing loss increased in service; and if so, whether this increase was beyond the natural progress of the disability. In making this determination, the examiner should make specific reference to the veteran being exposed to 1,000 rounds of 105 and 155 artillery fire, and tanks during his 12 months of service in Vietnam, as well as his exposure to combat situations. The claims file should be made available to and be reviewed by the examiner in conjunction with the examination. A complete rationale for all opinions expressed should be provided. 2. Any additional development deemed appropriate should be accomplished. The claim should then be readjudicated. If the claim remains denied, issue a supplemental statement of the case (SSOC) containing notice of all relevant actions taken on the claim, to include a summary of the evidence and applicable law and regulations considered pertinent to the issues currently on appeal. An appropriate period of time should be allowed for response. The appellant 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). _________________________________________________ RONALD W. SCHOLZ 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).