Citation Nr: 0810327 Decision Date: 03/28/08 Archive Date: 04/09/08 DOCKET NO. 05-31 802 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD M. R. Weaver INTRODUCTION The veteran served on active duty from May 1969 to February 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2005 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri, that denied service connection for hearing loss and tinnitus. The appeal is REMANDED to the RO via the Appeals Management Center in Washington, D.C. REMAND The RO issued a Statement of the Case in September 2005. The RO then transferred the claims file to the Board in December 2005. In February 2006, the appellant submitted an audiological evaluation report that indicates that he has tinnitus and a hearing disability that meets the requirements of 38 C.F.R. § 3.385. The appellant, however did not provide a waiver of the initial review of that evidence by the RO as required by 38 C.F.R. § 20.1304. Since the new evidence indicates the possible need for additional development, and since a Supplemental Statement of the Case pertaining to that evidence was not issued, the claims must be referred back to the RO. Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003); 38 C.F.R. § 20.1304. Accordingly, the case is REMANDED for the following action: 1. Schedule the veteran for a VA audiological examination. Provide the claims file to the examiner. The report should indicate that the claims file was reviewed. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) than the veteran's hearing loss or tinnitus was incurred during his active duty service. 2. Then, readjudicate the claims for service connection for hearing loss and tinnitus. If any benefit sought is denied, issue a supplemental statement of the case. Allow the appropriate time for response and thereafter return the case to the Board. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ HARVEY P. ROBERTS 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) (2007).