Citation Nr: 0813062 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 05-32 631A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. 3. Entitlement to service connection for fracture of the right proximal humerus, secondary to post-operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement. 4. Entitlement to service connection for left shoulder injury status-post arthroscopic rotator cuff repair, secondary to post-operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement. 5. Entitlement to an increased evaluation for post-operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement, currently evaluated as 30 percent disabling. 6. Entitlement to an increased evaluation for residuals, injury right knee with posterolateral synovial tear and hypertrophic degenerative changes, currently evaluated as 10 percent disabling. 7. Entitlement to an increased evaluation for post-operative cholecystectomy with residual infectious hepatitis A, B and C, symptomatic, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Jason R. Davitian, Counsel INTRODUCTION The veteran served on active duty from January 1953 to January 1958, and from March 1958 to May 1975. This case is before the Board of Veterans' Appeals (BVA or Board) on appeal from a May 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office in St. Petersburg, Florida (RO), which denied increased evaluations for the veteran's service-connected knee disabilities and service connection for the claimed shoulder conditions. It is also on appeal from a November 2005 rating decision of the RO that denied service connection for bilateral hearing loss and tinnitus. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND A preliminary review of the record indicates that the veteran's claims require additional development. In November 2006, the veteran asked VA to obtain all medical evidence from the VA Outpatient Clinic (VAOPC) in Oakland Park and the VA Medical Center (VAMC) in Miami. The record reflects that VA did not request the identified treatment records. The most recent VA treatment records in the claims file from each facility are dated in 2005. VA has a duty to assist the appellant in obtaining evidence necessary to substantiate a claim. 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159(c)(2) (2007). There are also heightened obligations to assure that the record is complete with respect to Federal Government records. 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159(c). VA treatment records are deemed to be constructively of record in proceedings before the Board. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). Accordingly, the case is REMANDED for the following action: 1. Obtain copies of all of the veteran's VA medical records from the Oakland Park VAOPC and the Miami VAMC, which have not been previously secured. The veteran is asked to send this information himself as soon as possible to avoid delay in the adjudication of the claims. 2. Then, readjudicate the veteran's claims for: 1) entitlement to service connection for bilateral hearing loss; 2) service connection for tinnitus; 3) service connection for fracture of the right proximal humerus, secondary to post-operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement; 4) service connection for left shoulder injury status-post arthroscopic rotator cuff repair, secondary to post-operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement; 5) increased evaluation for post- operative medial meniscectomy, left knee, with hypertrophic degenerative changes, status-post total left knee replacement; 6) increased evaluation for residuals, injury right knee with posterolateral synovial tear and hypertrophic degenerative changes; and 7) increased evaluation for post-operative cholecystectomy with residual infectious hepatitis A, B and C, symptomatic. If any benefit sought on appeal remains denied, provide the veteran with an SSOC. The SSOC should contain notice of all relevant actions taken on the claim, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue. An appropriate period of time should be allowed for response. 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 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). _________________________________________________ L.M. BARNARD Acting 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).