Citation Nr: 0813045 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 04-31 145 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for degenerative disc disease of the lumbar spine. 2. Entitlement to service connection for a cervical spine disability, to include degenerative changes of the cervical spine. 3. Entitlement to service connection for a thoracic spine disability, to include degenerative changes of the thoracic spine. 4. Entitlement to service connection for post-traumatic stress disorder. 5. Entitlement to service connection for right and left shoulder disabilities. 6. Entitlement to service connection for right and left hip disabilities. 7. Entitlement to service connection for right and left knee disabilities. 8. Entitlement to service connection for right and left ankle disabilities. 9. Entitlement to service connection for a disorder characterized by numbness of the right and left hands. 10. Entitlement to service connection for a disorder characterized by pain in the left arm and side. 11. Entitlement to service connection for a disorder characterized by "vision problems." 12. Entitlement to service connection for a disorder characterized by shortness of breath. 13. Entitlement to service connection for a chronic sinus disorder. 14. Entitlement to service connection for a chronic headache disorder. 15. Entitlement to service connection for a disorder characterized by "sexual dysfunction." 16. Entitlement to service connection for tinnitus ("buzzing") in the ears. 17. Entitlement to an evaluation in excess of 10 percent for plantar fasciitis of the right foot. 18. Entitlement to an evaluation in excess of 10 percent for plantar fasciitis of the left foot. 19. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Stephen F. Sylvester, Counsel INTRODUCTION The veteran served on active duty from July 1977 to July 1981. This case comes before the Board of Veterans' Appeals (Board) on appeal of an April 2003 decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington. In a rating decision of February 1999, the RO denied entitlement to service connection for degenerative disc disease of the lumbar spine. The veteran voiced no disagreement with that decision, which has now become final. Since the time of the February 1999 rating decision, the veteran has submitted additional evidence in an attempt to reopen his claim. The RO found such evidence neither new nor material, and the current appeal ensued. Finally, for reasons which will become apparent, this appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. VA will notify the appellant if further action is required. REMAND In a Substantive Appeal dated and received in July 2004, the veteran indicated that he did not desire a hearing before the Board of Veterans' Appeals. However, in a subsequent Substantive Appeal received by the RO in August 2007 (and by the Board the following April 2008), the veteran indicated that he did, in fact, wish to appear before a Veterans Law Judge at the VARO located in Houston, Texas. To date the veteran has not been afforded that hearing before a traveling Veterans Law Judge. Nor has his request for such a hearing been withdrawn. Pursuant to 38 C.F.R. § 20.700 (2007), a hearing on appeal will be granted to an appellant who requests a hearing and is willing to appear in person. See also 38 U.S.C.A. § 7107 (West 2002) (pertaining specifically to hearings before the Board). Since the RO schedules Travel Board hearings, a remand of this matter to the RO is warranted. Accordingly, the case is REMANDED to the RO for the following action: The RO should take appropriate action to schedule the veteran for a hearing before a traveling Veterans Law Judge at the RO located in Houston, Texas. A copy of the letter scheduling the veteran for that hearing, along with a transcript of the hearing, should be included in the claims folder. Following completion of the above action, the veteran's claims folder, if in order, should be returned to the Board for further 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). _________________________________________________ C. CRAWFORD 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).