Citation Nr: 0000996 Decision Date: 01/12/00 Archive Date: 01/27/00 DOCKET NO. 98-03 753A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD G. A. Wasik, Associate Counsel INTRODUCTION The veteran served on active duty from July 1962 to February 1966 and from July 1968 to April 1970. This matter is before the Board of Veterans' Appeals (Board) on appeal of a September 1997 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In September 1997, the RO denied service connection for post- traumatic stress disorder (PTSD) and also found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for hearing loss. The veteran perfected appeals with both the denial of service connection for PTSD and also with the finding that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for hearing loss. By decision dated in February 1999, service connection was granted for PTSD. The issue is no longer on appeal. The Board notes on a VA Form 9 which was received at the RO in March 1998, the veteran raised the issue of entitlement to service connection for tinnitus. This issue has been neither procedurally prepared nor certified for appellate review and is referred to the RO for initial consideration and appropriate adjudicative action. Godfrey v. Brown, 7 Vet. App. 398 (1995). REMAND 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 or by the United States Court of Appeals for Veterans Claims ("the Court") 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. Review of the claims file shows that on a Statement in Support of Claim which was received at the RO in October 1997 and construed as a notice of disagreement, the veteran requested a local RO hearing before a hearing officer. On VA Form 9 which was received at the RO in March 1998, the veteran indicted that he desired to appear personally at a hearing before a member of the Board of Veterans' Appeals. He further indicated on the form that he desired to appear personally at a local VA office before the Board of Veterans' Appeals. The veteran was afforded a local RO hearing before a hearing officer in March 1998. The Board finds, however, the veteran has not been afforded an opportunity for a hearing before a Board Member, and his request for such a hearing has not been withdrawn. Therefore, pursuant to VA's duty to assist the appellant in the development of facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1999), the Board is deferring adjudication of the issue prepared and certified for appellate review as reported on the title page pending a remand of the case to the RO for further development as follows: The RO should take appropriate action to schedule the veteran for a hearing at the Los Angeles, California, RO before a Member of the Board. A copy of the notice to the appellant of the scheduling of the hearing should be placed in the record. Thereafter, the case should be returned to the Board for appellate review. By this remand, the Board intimates no opinion as to any final outcome warranted. The appellant need take no action until he is notified by the RO. RONALD R. BOSCH Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board is appealable to the Court. 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).