BVA9508228 DOCKET NO. 93-13 010 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for residuals of right and left knee injuries. 2. Entitlement to service connection for residuals of a back injury. 3. Entitlement to service connection for hearing loss and tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States INTRODUCTION The veteran had active service from July 1967 to April 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 1991 rating decision of the Department of veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana, that denied service connection for hearing loss and tinnitus. The veteran has also appealed a February 1992 rating decision by the RO denying service connection for disability of the knees and back. REMAND Review of the file in this case reveals that the veteran has submitted evidence directly to the Board without waiver of RO consideration. Also, when the RO previously attempted to obtain medical records from the Navy, the Navy advised that the Federal Archives Records Center, GSA, St. Louis, Missouri, should be contacted. It is not clear to the Board whether that center is the same as the National Personnel Records Center. If not, it must be contacted for the veteran's records. Finally, it is noted that although service connection was denied for a right knee injury by an unappealed rating decision of January 1985, the RO has not stated whether the veteran has submitted new and material evidence to reopen the claim, even though it has been considered de novo. There is additional development necessary which will be described below. Accordingly, the case is REMANDED for the following: 1. The RO should contact the Federal Archives Records Center, GSA, St. Louis Missouri, for any additional service medical records pertaining to the veteran. 2. The veteran should be asked to submit or identify evidence showing that he has hearing loss, tinnitus, a back disorder, or knee disorders related to service. The RO should obtain any evidence identified. 3. The RO should contact the Red Cross in Evansville, Indiana to obtain any reports or other documents related to the veteran's participation in the Vietnam Head Injury Study conducted by the Walter Reed Medical Center in the 1980's. Reportedly, the veteran was interviewed for the study by Ella Cobb of the Red Cross. If such records are not on file at the Red Cross, that organization should be asked where they might be located. The RO should follow any leads. 4. The RO should then review the claims in light of the new evidence developed and the evidence that was submitted directly to the Board. In regard to any well- grounded claim, the RO should develop the claim further, if necessary, including a VA examination if also deemed necessary, to decide the case. If any benefit sought remains denied, the veteran and his representative should be furnished a supplemental statement of the case, with opportunity to respond. The case should then be returned to the board. The veteran need take no action until notified. JANE E. SHARP 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).