Citation Nr: 0812662 Decision Date: 04/16/08 Archive Date: 05/01/08 DOCKET NO. 04-36 053 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Buffalo, New York THE ISSUE Entitlement to an effective date earlier than September 27, 2001, for the grant of service connection for mastectomy, left breast, with painful scar. REPRESENTATION Appellant represented by: Mr. Jacob P. Welch, Esquire WITNESS AT HEARING ON APPEAL The veteran INTRODUCTION The veteran had active military service from August 1961 to August 1962. This appeal to the Board of Veterans' Appeals (Board) is from an October 2003 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York. In that decision, the RO granted service connection for simple mastectomy of the left breast, with an initial 30 percent rating, and a separate 10 percent rating for a painful scar as a residual of that surgical procedure - both retroactively effective from September 27, 2001. The veteran wants an earlier effective date. During the pendency of this appeal, the veteran provided testimony in support of his claim at a June 2005 hearing before RO personnel. The Board remanded this case in February 2007 to ensure compliance with the notice and duty to assist provisions of the Veterans Claims Assistance Act (VCAA). In September 2007, the veteran's newly designated representative - an attorney, requested more time to submit supporting evidence in response to the recently issued Supplemental Statement of the Case (SSOC). And the Board granted this motion for an extension. The veteran's attorney has since submitted this additional evidence in February 2008. And along with this additional evidence, he requested a hearing at the RO before a Veterans Law Judge of the Board using video-conferencing technology (a video-conference hearing). So to comply with this request, the Board is again remanding this case to the RO via the Appeals Management Center (AMC) in Washington, D.C. REMAND As mentioned, in the statement recently submitted in February 2008 along with the batch of supporting evidence, the veteran's attorney requested a video-conference hearing. So this hearing must be scheduled before deciding this appeal. See 38 C.F.R. §§ 20.700(a) and (e), 20.703 (2007. Accordingly, this case is REMANDED for the following action: Schedule the veteran for a video- conference hearing at the earliest opportunity. Notify him and his attorney of the date, time and location of this hearing. Put a copy of this letter in the claims file. If, for whatever reason, they change their minds and elect not to have this hearing or fail to report for it on the date scheduled, then also document this in the file. The veteran has the right to submit additional evidence and argument concerning the claim 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 or by the U. S. 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). _________________________________________________ Keith W. Allen 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).