Citation Nr: 1318922	
Decision Date: 06/11/13    Archive Date: 06/21/13

DOCKET NO.  10-31 806	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUE

Entitlement to an initial compensable evaluation for bilateral hearing loss.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

K. Hudson, Counsel


INTRODUCTION

The Veteran had active service from December 1954 to November 1958.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a regional office (RO) rating decision of October 2009, which granted service connection for bilateral hearing loss; the Veteran appeals the noncompensable rating assigned in that decision.  Although he initially requested a Travel Board hearing, that request was withdrawn in a written statement received in September 2011.  At that time, the issue of entitlement to an initial rating in excess of 10 percent for tinnitus was also withdrawn.  

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).

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 on his part.


REMAND

In the statement dated in August 2011 and received in September 2011, it was requested that the Veteran be afforded a current examination.  The Board observes that it is now approaching four years since his only previous VA audiology examination in September 2009.  Under these circumstances, the Board finds that a current VA audiology examination should be obtained.

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

1.  Copies of relevant treatment records, VA and non-VA, should be obtained and added to the record.

2.  Then, schedule the Veteran for a VA audiology examination to determine his current hearing status, to include all indicated audiometric studies.  In addition, the audiologist must describe the functional effects caused by the bilateral hearing loss in the final report. 

3.  After assuring compliance with the above development, as well as with any other notice and development action required by law, the RO should review the claim for an initial compensable rating for bilateral hearing loss.  If the decision is less than a full grant of the benefit sought, the Veteran and his representative should be provided with a supplemental statement of the case, and given an opportunity to respond, before the case is returned 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 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).



_________________________________________________
BARBARA B. COPELAND
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).