Citation Nr: 1305079 Decision Date: 02/12/13 Archive Date: 02/21/13 DOCKET NO. 10-31 921 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for a bilateral hearing loss disability. 2. Entitlement to service connection for tinnitus. 3. Entitlement to a compensable rating for service-connected asbestosis. REPRESENTATION Veteran represented by: The American Legion ATTORNEY FOR THE BOARD J. Meawad, Counsel INTRODUCTION Pursuant to 38 C.F.R. § 20.900(c), the appeal has been advanced on the Board's docket. The Veteran served on active duty from June 1951 to June 1955. This matter is before the Board of Veterans' Appeals (Board) on appeal of an April 2009 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC. REMAND On the claims of service connection for hearing loss and tinnitus, the Veteran asserts that his hearing loss and tinnitus were caused by noise exposure to naval gunfire while aboard the USS Rochester, a heavy cruiser, armed with 8" guns. The record shows that the ship completed twenty-one gun strikes in direct support of United Nations Forces in Korea from November 1951 to April 1952. There is also a history of occupational and recreational noise exposure after service. On the claim for increase, the Veteran asserts that his asbestosis is worse. As the evidence of record is insufficient to decide the claims, further development under the duty to assist is needed. Accordingly, the case is REMANDED for the following action: 1. Ask the Veteran either to submit or to authorize VA to obtain on his behalf the health records, including any hearing tests or audiograms, from his employer, General Motors, from 1955 to 1991. 2. Afford the Veteran a VA examination to determine the current severity of asbestosis. The examination must include a pulmonary function test that measures FVC, DLCO (SB), and the maximum exercise capacity expressed as milliliters/kilograms/minutes of oxygen consumption and any cardiorespiratory limitation. 3. Afford the Veteran a VA audiology examination to determine: Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability of 50 percent), less likely than not (probability less than 50 percent), that the current bilateral hearing loss disability or tinnitus or both are related to noise exposure in service? In formulating an opinion, the VA audiologist is to consider Veteran's history of both in-service noise exposure to naval gunfire from 8" guns and postservice occupational noise exposure as a forklift driver for 26 years and recreational noise exposure to target shooting and hunting. The Veteran's file should be made available to the VA audiologist. 4. On completion of the development, the claims should be adjudicated. If any benefit is denied, then furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board. The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). The claims 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. 2012). _________________________________________________ George E. Guido Jr. 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) (2012).