Citation Nr: 0815052 Decision Date: 05/07/08 Archive Date: 05/14/08 DOCKET NO. 05-23 379 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Whether new and material evidence has been submitted to reopen a claim for entitlement to service connection for a back disability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD A. J. Turnipseed, Associate Counsel INTRODUCTION The veteran had active service from May 1943 to February 1946. This matter comes before the Board of Veterans' Appeals (Board) from an August 2004 rating decision (mailed in September 2004) by the Department of Veterans Affairs (VA) Regional Office (RO) above, which, in pertinent part, denied service connection for hearing loss and confirmed and continued a previous denial of service connection for a back disability. In November 2007, the veteran testified before the undersigned Veterans Law Judge at a Travel Board hearing at the RO. In December 2007, the Board granted a motion to advance this case on the docket. 38 C.F.R. § 20.900(c) (2007). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will provide notification when further action is required on the part of the veteran. REMAND As noted above, in November 2007, the veteran testified at a hearing before the undersigned Veterans Law Judge. By letter dated in January 2008, the veteran was advised that the Board was unable to obtain a recording of his hearing due to several inaudible portions of the tape. He was also informed of his opportunity to have another hearing. Received from the veteran in January 2008 was correspondence in which he indicated that he wished to appear at another hearing before a Veterans Law Judge at the RO in connection with his appeal. It is a basic principle of veterans' law that the Board shall decide an appeal only after affording the claimant an opportunity for a hearing. 38 U.S.C.A. § 7104 (West 2002). Pursuant to 38 C.F.R. § 20.700, a hearing on appeal before the Board will be granted if an appellant expresses a desire to appear in person. Accordingly, the case is REMANDED for the following action: Schedule the veteran for a hearing before a Veterans Law Judge at the RO, with appropriate notification to the veteran and his representative. Thereafter, the case should then be returned to the Board for further appellate consideration, if otherwise in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise informed. 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). _________________________________________________ ANDREW J. MULLEN 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).