Citation Nr: 0810103 Decision Date: 03/27/08 Archive Date: 04/09/08 DOCKET NO. 05-07 695 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUES Entitlement to service connection for arthritis of the lumbar spine, shoulders, hips, knees, ankles, and feet, including as secondary to service-connected diabetes mellitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD M. McPhaull, Associate Counsel INTRODUCTION The appellant is a veteran who retired in November 1982 after twenty years of active duty. These matters are before the Board of Veterans' Appeals on appeal from April 2004 and January 2005 rating decisions by the Manila, Philippines Department of Veterans Affairs (VA) Regional Office (RO). In January 2008, the veteran withdrew his request for a Central Office hearing scheduled in April 2008. The appeal is being REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if any action on his part is required. REMAND The Veterans Claims Assistance Act of 2000 (VCAA), in part, describes VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a). The VCAA and the regulations implementing it apply in the instant case. The veteran seeks service connection for the multiple joint arthritis essentially based on a theory of secondary service connection, i.e., that the disabilities were caused/aggravated by his service connected diabetes mellitus. (See his statements dated in June 2003, September 2004; and March and May 2005.) While the RO issued VCAA notice letters in September 2003, and January, September and October 2004, none provided adequate notice of what is necessary to substantiate a claim of secondary service connection. Consequently, there is a due process deficiency which must be corrected. [The Board notes incidentally that while an April 2004 rating decision denied service connection for arthritis of the lumbar spine, shoulders, and hips, such denial is not reflected in the January 2005, May 2006, and August 2006 rating decisions (which all report the nonservice-connected arthritis as encompassing only the knees, ankles, and feet.] Accordingly, the case is REMANDED for the following: 1. Regarding the claim of service connection for arthritis of the lumbar spine, shoulders, hips, knees, ankles, and feet, the RO should issue the veteran appropriate notice under the VCAA specifically notifying him of what is necessary to substantiate claims of secondary service connection, and advising him to submit any pertinent evidence in his possession. He and his representative should have ample opportunity to respond. 2. The RO should arrange for any further development suggested by the veteran's response (to include ordering nexus examinations, if indicated). Then the RO should readjudicate these claims. If any remains denied, the RO should issue an appropriate supplemental statement of the case and afford the veteran and his representative the opportunity to respond. The case should then be returned to the Board, if in order, for further appellate review. The appellant 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 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). _________________________________________________ GEORGE R. SENYK 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).