Citation Nr: 0810095 Decision Date: 03/27/08 Archive Date: 04/09/08 DOCKET NO. 05-24 530 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Whether new and material evidence has been received to reopen a claim of service connection for disability of the spine. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD S. Lipstein, Associate Counsel INTRODUCTION The veteran had active duty service from July 1981 to January 1993. This appeal comes before the Board of Veterans' Appeals (Board) from a rating decision by a Regional Office (RO) of the Department of Veterans Affairs. In a November 2006 statement, the veteran refers to VA medical treatment for a right shoulder disorder. This may represent and attempt to file a claim, or to reopen a claim, of service connection for right shoulder disability. This matter is referred to the RO for appropriate action. 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 the November 2006 statement cited above, the veteran also referred to VA medical treatment in October 2006 at the VA Medical Center (VAMC) in Detroit, Michigan. Although not clear, the veteran appears to report that VA doctors told him he has arthritis of the back. Appellate review is not appropriate at this time since the veteran has identified VA medical records which are not yet associated with the claims file. Accordingly, the case is REMANDED for the following actions: 1. The RO should take appropriate action to locate any VA medical treatment records from the Detroit VAMC in 2006 and associate those records with the claims file. 2. The RO should then review the expanded record and determine if the service connection for disability of the spine issue has been reopened. If the claim remains denied, the veteran and his representative should be furnished an appropriate supplemental statement of the case. After they are afforded an opportunity to respond, the case should be returned to the Board for appellate review. 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. 2007). _________________________________________________ ALAN S. PEEVY 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) (2007).