Citation Nr: 1319093	
Decision Date: 06/12/13    Archive Date: 06/21/13

DOCKET NO.  11-31 354	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Winston-Salem, North Carolina


THE ISSUE

Entitlement to a higher initial rating for service-connected bilateral hearing loss, rated as 10 percent disabling prior to November 23, 2011, and as 50 percent disabling from that date.


REPRESENTATION

Appellant represented by:	North Carolina Division of Veterans Affairs




ATTORNEY FOR THE BOARD

C. L. Wasser, Counsel


INTRODUCTION

The Veteran had active service from July 1968 to February 1971.

This case comes to the Board of Veterans' Appeals (Board) on appeal from a September 2009 rating decision of the RO in Winston-Salem, North Carolina that granted service connection and a 10 percent rating for bilateral hearing loss, and granted service connection and a 10 percent rating for tinnitus, each effective April 27, 2009.  

The Veteran filed a notice of disagreement, contending that higher ratings were warranted, and a statement of the case was issued in September 2011.  In his November 2011 VA Form 9 (substantive appeal), the Veteran stated that he only wanted to appeal the issue of entitlement to a higher rating for bilateral hearing loss.  As he has not filed a timely substantive appeal with respect to the issue of entitlement to a higher rating for tinnitus, this issue is not in appellate status and will not be addressed by the Board.  38 U.S.C.A. § 7105; 38 C.F.R. §§ 20.200, 20.202, 20.302.  (The Board also notes that the Veteran's service-connected tinnitus is already rated 10 percent disabling, which is the maximum rating under Diagnostic Code 6260.)

In a March 2013 rating decision, the RO granted a higher 50 percent rating for the service-connected bilateral hearing loss, effective November 23, 2011.  Hence the issue on appeal is as listed on the first page of this remand.

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 November 2011 VA Form 9 (substantive appeal), the Veteran requested a personal hearing at the RO before a Veterans Law Judge (VLJ) of the Board (i.e., a Travel Board hearing).  

The Veteran is entitled to this hearing before the Board adjudicates his appeal.  See 38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 20.700(a) and (e), 20.704 (2012).  This hearing must be scheduled by the RO.

Accordingly, the case is REMANDED for the following action:

1.  Schedule a Travel Board hearing at the next available opportunity.  Notify the Veteran of the date, time, and location of this hearing, and put a copy of this notice letter in his claims file.  

2.  Once the Veteran has been afforded this requested hearing, or in the event that he withdraws this hearing request or fails to appear on the date scheduled, return the file to the Board for further appellate consideration of his claim.

The appellant has the right to submit additional evidence and argument on the matter 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).



_________________________________________________
KELLI A. KORDICH
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) (2012).