Citation Nr: 1324158	
Decision Date: 07/30/13    Archive Date: 08/07/13

DOCKET NO.  10-04 539	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Huntington, West Virginia


THE ISSUES

1.  Entitlement to service connection for left ear hearing loss.

2.  Entitlement to a compensable rating for right ear hearing loss.


ATTORNEY FOR THE BOARD

Andrea Johnson, Associate Counsel


INTRODUCTION

The Veteran had active military service from June 1979 to November 1980.

This appeal comes to the Board of Veterans' Appeals (Board) from a July 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia.  

In the Veteran's July 2009 Notice of Disagreement he also disagreed with the denial of service connection for tinnitus.  However in a January 2010 rating decision the RO granted service connection for tinnitus.  This is a full grant of benefits sought and therefore this issue is no longer before the Board.

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

On his January 2010 substantive appeal the Veteran requested a travel board hearing.  In January 2013 the RO sent the Veteran a letter containing notice that a videoconference hearing was scheduled at the Huntington Region Office for April 2013.  The file copy of this letter indicated the Veteran failed to report to his scheduled hearing.

However, review of the record reveals the January 2013 hearing notice was not mailed to the Veteran's most recent address of record and was returned to the RO as undeliverable.  In June 2012 the Veteran sent a letter to the RO providing his updated address on Butler Avenue.  However the January 2013 hearing notice was sent to an address on Cleveland School Road.  As such, the Board finds the Veteran was not properly notified of his scheduled Board hearing as required by VA regulations.  See 38 C.F.R. § 20.704(b).  Therefore remand is required in order to reschedule the Veteran's travel Board hearing and provide proper notice to the Veteran at his most current address of record.

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a hearing before a Veterans Law Judge at the RO and notify him of the scheduled hearing at his latest address of record in the order that the request was received.  This hearing is to be scheduled in accordance with the applicable law.

The Veteran 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).


_________________________________________________
JOHN J. CROWLEY
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).