Citation Nr: 1306365	
Decision Date: 02/25/13    Archive Date: 03/01/13

DOCKET NO.  10-41 496	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Lincoln, Nebraska


THE ISSUES

1.  Entitlement to service connection for bilateral sensorineural hearing loss.  

2.  Entitlement to service connection for tinnitus.  


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, Inc.


ATTORNEY FOR THE BOARD

C. R. dela Rosa, Associate Counsel


INTRODUCTION

The Veteran had active military service from January 1969 to February 1972. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska.  

The Veteran requested a videoconference Board hearing, which was duly scheduled for August 2011.  The Veteran submitted a statement that was received at the RO September 9, 2011, wherein he stated that he was unable to attend the videoconference hearing before a member of the Board and requested another videoconference hearing before the Board.  The Veterans Law Judge (VLJ) originally scheduled to conduct the hearing has found good cause to reschedule the Board hearing.  See 38 C.F.R. § 20.703, 20.704 (2012).  Therefore, the motion to reschedule is granted, and the case must be remanded to afford the Veteran his requested hearing.  

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

In his October 2010 substantive appeal, the Veteran requested a videoconference Board hearing, which was duly scheduled for August 2011.  The Veteran submitted a statement that was received at the RO September 9, 2011, wherein he stated that he was unable to attend the videoconference hearing before a member of the Board and requested another videoconference hearing before the Board.  The Veterans Law Judge (VLJ) originally scheduled to conduct the hearing has found good cause to reschedule the Board hearing and the motion to reschedule is granted.  See 38 C.F.R. § 20.703, 20.704 (2012).  The case must be remanded to afford the Veteran his requested hearing.  

Accordingly, this case is REMANDED for the following: 

The RO should schedule the Veteran for a Board videoconference hearing.  After the hearing is conducted, the case should be returned to the Board, in accordance with appellate procedures.

The Veteran has the right to submit additional evidence and argument on the 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. 2012).




_________________________________________________
STEVEN D. REISS 
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) (2012).