Citation Nr: 0007901 Decision Date: 03/23/00 Archive Date: 03/28/00 DOCKET NO. 98-15 622A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for a heart condition (irregular heart beat/high cholesterol/hyperlipidemia). 2. Entitlement to service connection for bilateral hearing loss. 3. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant INTRODUCTION The veteran had active military service from October 1957 to October 1961. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 1997 rating decision by the Los Angeles, California, Regional Office (RO) of the Department of Veterans Affairs (VA). A notice of disagreement was received in April 1998, a statement of the case was issued in August 1998, and a substantive appeal was received in October 1998. The veteran testified at a personal hearing at the RO in February 1999. REMAND On her October 1998 substantive appeal, the veteran checked the appropriate box to request a hearing before a member of the Board at the RO (Travel Board hearing). In November 1998, in response to an RO letter, the veteran withdrew her request for a Travel Board hearing. However, on a VA Form 9 dated in April 1999, the veteran again checked the appropriate box to request a Travel Board hearing. Further, in a VA Form 646 dated in October 1999, the veteran's representative indicated that additional argument would be presented at a Travel Board hearing. However, there is no indication from the claims file that the veteran was ever scheduled for a Travel Board hearing. There does not appear to be any withdrawal of the April 1999 request for a Travel Board hearing, nor is there evidence that one was scheduled or, if scheduled, that she failed to appear. The Board also notes that certain items of evidence were attached to the April 1999 VA Form 9, and the RO's attention is directed to this submission for any appropriate action regarding any required supplemental statement of the case. Accordingly, the case is hereby REMANDED to the RO for the following actions: 1. The veteran should be scheduled for a Travel Board hearing (or a video conference hearing if she so requests). A copy of the notice letter should be included in the claims file. 2. After a Travel Board hearing is held, or in the event she withdraws her Travel Board request or fails to appear for the hearing, the RO should undertake such additional action as may be appropriate prior to returning the case to the Board for appellate review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. 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 The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. ALAN S. PEEVY Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), 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) (1999).