Citation Nr: 0812828 Decision Date: 04/17/08 Archive Date: 05/01/08 DOCKET NO. 04-30 329 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for left knee arthritis. 2. Entitlement to service connection for right knee arthritis. 3. Entitlement to service connection for ulcers. WITNESSES AT HEARING ON APPEAL Veteran and his spouse ATTORNEY FOR THE BOARD Anthony M. Flamini, Associate Counsel INTRODUCTION The veteran served on active duty from February 1976 to May 1979. This matter is on appeal from the Montgomery, Alabama, Department of Veterans Affairs (VA) Regional Office (RO). This case returns to the Board following a remand to the RO in August 2007. 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 testified before a Veterans Law Judge in June 2007. A transcript of the hearing is of record but the judge is no longer employed by the Board. As a result, the veteran was asked whether he wished to have an additional hearing and he responded in the affirmative in March 2008. The veteran has a right to a hearing before the issuance of a Board decision. 38 U.S.C.A. § 7102, 7104; 38 C.F.R. §§ 3.103(a) and (c), 19.9, 19.25, 20.704. The veteran must therefore be afforded this additional Travel Board hearing before a Veterans Law Judge prior to the Board's adjudication of his claims. Accordingly, the case is REMANDED for the following action: The RO should make arrangements to schedule the appellant for a VA Travel Board hearing before a Veterans Law Judge at the RO in accordance with 38 C.F.R. § 20.704. 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). _________________________________________________ L. HOWELL 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).