Citation Nr: 1321418 Decision Date: 07/03/13 Archive Date: 07/12/13 DOCKET NO. 12-08 383 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Whether new and material evidence has been received to reopen service connection for a hearing loss disability. 2. Entitlement to an increased rating for Reiter's syndrome, currently evaluated as 10 percent disabling. REPRESENTATION Appellant (Veteran) represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD Christopher McEntee, Counsel INTRODUCTION The Veteran served on active duty from July 1971 to July 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska, which denied a claim to reopen service connection for hearing loss, originally denied in an unappealed August 1977 rating decision. In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claims. No relevant evidence has been added to either claims file since the most-recent supplemental statement of the case (SSOC) in September 2012. In a statement from the Veteran received by the Board in April 2013, the Veteran indicates that he may be interested in appointing another representative. The RO should clarify with the Veteran whether he wishes to proceed with the American Legion as his representative. The issue of service connection for tinnitus has been raised by the record, but has not been adjudicated by the Agency of Original Jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over the issue, and it is referred to the AOJ for appropriate action. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND In his March 2012 substantive appeal, the Veteran requested a videoconference hearing. In January 2013, the Veteran's representative, the American Legion, submitted a statement indicating that he had spoken with the Veteran and that he wanted his appeal to go directly to the Board of Veterans' Appeals, and that he did not want a hearing before the Board. The RO therefore certified the case to the Board. However, in April 2013, the Veteran contacted the Board directly, and requested that a videoconference hearing be scheduled before the Board. In accordance with his request, the case must be remanded so as to provide the Veteran an opportunity to present testimony during a videoconference hearing. Moreover, in a November 2011 notice of disagreement (NOD), the Veteran challenges the disability rating assigned in a September 2011 rating decision for service-connected Reiter's syndrome. A Statement of the Case (SOC) should be issued in response. 38 C.F.R. § 19.26; Manlincon v. West, 12 Vet. App. 238 (1999). Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a videoconference hearing before a Veterans Law Judge at the RO in Lincoln, Nebraska. The Veteran and his representative should be notified of the date and time of the hearing. 2. Issue a SOC regarding the claim for an increased disability rating for Reiter's syndrome based on the Veteran's November 2011 NOD. The Veteran must be provided with information about his rights and responsibilities in perfecting an appeal on this matter and be given an opportunity to respond. 3. Only if the Veteran responds by submitting a timely substantive appeal, return the issue regarding an increased disability rating for Reiter's syndrome to the Board for further review. 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). _________________________________________________ BETHANY L. BUCK 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).