Citation Nr: 0812967 Decision Date: 04/18/08 Archive Date: 05/01/08 DOCKET NO. 07-32 000 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. REPRESENTATION The veteran represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD S. A. Mishalanie, Counsel INTRODUCTION The veteran served on active duty in the military from August 1968 to July 1970. This appeal to the Board of Veterans' Appeals (Board) arose from a November 2006 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Newark, New Jersey, which denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, tongue cancer, and a right arm condition. In March 2008, he testified at a hearing before the undersigned using video-conferencing technology. At the hearing, it was agreed that the record would be left open for 30 days to allow him to submit additional evidence from his treatment physician, but this 30-day period has expired and he has not done so. Also at the hearing, the veteran withdrew his appeals with regard to claims for service connection for tongue cancer (squamous cell carcinoma) and a right arm condition. Those claims are no longer before the Board. 38 C.F.R. § 20.204(c) (2007). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required on his part. REMAND At the March 2008 hearing, the veteran said that he was receiving treatment at the VA Medical Center (VAMC) in Lyons, New Jersey (Hearing Transcript, pg. 13). His representative also mentioned treatment at the VAMC in East Orange, New Jersey. Before a decision can be made concerning the claims on appeal, these records must be obtained. 38 U.S.C.A. § 5103A(b) (West 2002 & Supp. 2007); 38 C.F.R. § 3.159(c)(2) (2007). VA is deemed to have constructive notice of the existence of any evidence, including treatment records, in the custody of a VA facility. Bell v. Derwinski, 2 Vet. App. 611, 612 (1992). Accordingly, the case is REMANDED for the following action: 1. Obtain all relevant records of VA treatment from the VAMCs in Lyons and East Orange, New Jersey. 2. If any claims on appeal are not fully granted, issue a supplemental statement of the case, before returning the case to the Board, if otherwise in order. The veteran 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). These claims must be afforded expeditious treatment. 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 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Mark D. Hindin 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).