Citation Nr: 0813760 Decision Date: 04/25/08 Archive Date: 05/01/08 DOCKET NO. 03-28 837 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida THE ISSUES Entitlement to a disability rating in excess of 30 percent for post-traumatic stress disorder (PTSD). Entitlement to a disability rating in excess of 10 percent for degenerative joint disease of the left knee. Entitlement to a compensable disability rating for post- surgical residuals of a left meniscus injury. REPRESENTATION Veteran represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD Heather J. Harter, Counsel INTRODUCTION The veteran served on active duty from June 1968 to March 1972 and from August 1984 to January 1991. This appeal, including the additional issue of entitlement to service connection for a right knee disability, was previously before the Board of Veterans' Appeals (Board) in July 2005, when it was remanded for additional evidentiary development. Based upon such development, the RO granted service connection for patellofemoral osteoarthritis of the right knee in an October 2005 rating decision. The veteran has not expressed disagreement with either the disability rating or the effective date assigned. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required. REMAND The veteran presented sworn testimony in support of his claims during a hearing held before a Veterans Law Judge in March 2005. However, that Judge has since retired from the Board. Governing regulation provides that the Veterans Law Judge who conducts a hearing in any matter shall participate in rendering the final decision on that matter. 38 C.F.R. § 20.707 (2007). In a March 2008 letter , the Board informed the veteran of these circumstances and offered him the opportunity for another hearing. In a timely response, the veteran requested another hearing at the RO. Because proceedings before the Board are non-adversarial in nature, the VA is required by statute and case law to assist the veteran in developing facts pertinent to his claim, including affording him with a hearing if he so desires. 38 U.S.C.A. § 5107(a) (West 2002); 38 C.F.R. § 20.700 (2007). He thus has a right to another hearing on appeal before a Veterans Law Judge for the purpose of presenting argument and testimony relevant and material to the issues on appeal. Accordingly, the case is REMANDED for the following action: The veteran should scheduled for a hearing before a Veterans Law Judge at the RO. The veteran has the right to submit additional evidence and argument on the 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 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. M. BARNARD Acting 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).