BVA9505812 DOCKET NO. 93-10 670 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for service connection for hearing loss disability. 2. Entitlement to an increased (compensable) disability rating for pes planus. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD T. Reichelderfer, Associate Counsel INTRODUCTION The veteran served on active duty from April 1945 to October 1946. This case arises from a rating decision of October 1990 from the St. Louis, Missouri, Regional Office (RO). REMAND The veteran contends that his current hearing loss disability is the result of noise exposure from explosive ordnance disposal during service. He also contends that his feet are painful and that an increased rating is therefore warranted. After a review of the record, the Board of Veterans' Appeals (Board) is of the opinion that additional development of the evidence and adjudication is required prior to further consideration of this claim. The Board notes that medical records relating to hospitalization of the veteran from 1982 to 1983 at a Department of Veterans Affairs Medical Center (VAMC) were received at the RO in March 1993. Those records have not been reviewed by the RO and are related to a claim that is not the subject of this appeal. However, those records contain evidence related to the veteran's hearing loss and to his pes planus. Pursuant to the provisions of 38 C.F.R. § 19.37(a) (1994), this case must be returned to the RO for a review of this evidence prior to further consideration by the Board. Accordingly, the case is REMANDED for the following: The RO should review the veteran's claim, including the 1982 and 1983 VAMC records that were received in March 1993, and determine if an increased disability rating for pes planus can be granted. The RO should also review the 1982 and 1983 medical records that were received from the VAMC in March 1993, in conjunction with the evidence that has been received since July 1983, to determine if new and material evidence has been received to reopen the veteran's claim for service connection for hearing loss disability. If a decision remains adverse to the veteran, he and his representative should be provided with a supplemental statement of the case, and with a reasonable period of time within which to respond thereto. The case should thereafter be returned to the Board for further consideration as appropriate. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action until he is so informed. The purposes of this REMAND are to obtain additional evidence and to ensure compliance with due process considerations. LAWRENCE M. SULLIVAN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. (CONTINUED ON NEXT PAGE) Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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) (1994).