Citation Nr: 0813772 Decision Date: 04/25/08 Archive Date: 05/01/08 DOCKET NO. 06-21 521 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran was in missing status during recognized guerrilla service from October 1943 to February 1945. He had regular Philippine Army service from April 1945 to June 1946. He died in April 1972. The appellant is his surviving spouse. The appeal is REMANDED to the RO by way of the Appeals Management Center (AMC), in Washington, D.C. VA will notify the appellant should further action be required. REMAND In a VA Form 9 dated in June 2006, the appellant stated that she wanted a Board hearing at the local VA office before a Member of the Board. A review of the record reveals that for some reason she was scheduled for a hearing before a Veterans Law Judge at the Board's location in Washington, D.C. However, the request by her was clearly for a hearing at a local VA office rather than in Washington, D.C. There is no indication in the record that a hearing has been scheduled for her at the Manila RO. A hearing should therefore be scheduled for her in accordance with her wishes. 38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 20.700, 20.703, 20.704 (2007). In view of the foregoing, the case is REMANDED for the following: 1. The appellant should be scheduled for a hearing by either a video conference or a travel board with a Veterans Law Judge at the Manila RO. A copy of the notice of the scheduling of the hearing to her should be placed in the record, keeping in mind the 30-day appeal notice requirements specified at 38 C.F.R. § 19.76 (2007). 2. VA should take all necessary actions to comply with the notice requirements of the Veterans Claim Assistance Act of 2000 (VCAA). 3. When the foregoing has been completed, VA should readjudicate the claim on the basis of all the evidence of record. If the benefit sought is not granted, the appellant and her representative should be provided with a Supplemental Statement of the Case and be afforded an opportunity for response. Then, the case should be returned to the Board for further consideration, if otherwise in order. The Board intimates no opinion as to any final outcome warranted. 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 The Veterans Benefits Act of 2003, Pub. L. No. 108-183, § 707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38 U.S.C. §§ 5109B, 7112). _________________________________________________ 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).