Citation Nr: 0811438 Decision Date: 04/07/08 Archive Date: 04/23/08 DOCKET NO. 03-32 326 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for dislocation of left shoulder. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Motrya Mac, Associate Counsel INTRODUCTION The veteran had active duty service from June 1956 to May 1958. This case is before the Board of Veterans' Appeals (Board) on appeal from a March 2003 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). The veteran testified at a June 2004 Board hearing. In September 2004 and June 2007, the Board remanded the issue for further development. While the Board regrets the veteran's representative was not properly identified in the remand of September 2004 and decision/remand in June 2007, a motion to vacate the prior decision, as requested by the American Legion, is not warranted. As for the representative's contention there is no record of the veteran's file being referred to The American Legion for review and submission of an informal hearing presentation prior to the June 2007 Board decision, the Board finds no prejudice as The American Legion has had an opportunity to review the file and represented the veteran during his Board hearing in June 2004. In June 2007, the Board remand instructed that the veteran's treatment records for a left shoulder dislocation be obtained from the Michael E. DeBakey VA Hospital in Houston, Texas. The Board notes these records still need to be associated with the claims folder. 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 The veteran has indicated that he was hospitalized for a left shoulder injury in 1957 during service in Frankfurt, Germany. The RO should attempt to obtain these hospital records from the National Personnel Records Center (NPRC). Accordingly, the case is REMANDED for the following action: 1. Ask the NPRC to search for the veteran's hospital records from Frankfurt, Germany, dated in 1957, for a left shoulder injury. If the records cannot be found or further efforts to obtain the records would be futile, provide the veteran notice in accordance with 38 C.F.R. § 3.159(e). 2. After completion of the above and any other development deemed necessary, the RO should review the expanded record and determine if the benefit sought can be granted. Unless the benefit sought is granted, the appellant and his representative should be furnished an appropriate supplemental statement of the case and be afforded an opportunity to respond. Thereafter, 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). _________________________________________________ V. L. Jordan 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).