Citation Nr: 0814039 Decision Date: 04/29/08 Archive Date: 05/08/08 DOCKET NO. 06-00 576 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to an evaluation in excess of 30 percent for the service-connected left ankle and foot disability. 2. Entitlement to an evaluation in excess of 10 percent for the service-connected right foot disability. 3. Entitlement to a total disability evaluation based on individual unemployability (TDIU) by reason of service- connected disability. REPRESENTATION Appellant represented by: American Red Cross ATTORNEY FOR THE BOARD M. Hannan, Counsel INTRODUCTION The appellant served on active duty from September 1968 to February 1978. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2005 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. 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 In January 2007, a video-conference hearing was conducted between the Board in Washington, DC and the RO before a Veterans Law Judge who was designated by the Chairman to conduct that hearing pursuant to 38 U.S.C.A. § 7107. Unfortunately, however, the Board was unable to record and produce a written transcript of that hearing. In February 2008, the Board sent a letter to the appellant to notify him of this and of his right to another Board hearing pursuant to 38 C.F.R. § 20.717. In March 2008, the appellant responded and stated that he wanted to have a hearing at the RO before a Veterans Law Judge. A hearing on appeal must be granted when, as in this case, an appellant expresses a desire for it. 38 C.F.R. § 20.700(a). In view of the foregoing, this case must be REMANDED for the following action: The RO should schedule the appellant for a Board hearing in accordance with applicable procedures set out in 38 C.F.R. § 20.704. The RO should notify the appellant of the date, time and place of such a hearing by letter mailed to his current address of record. The appellant is advised that if he desires to withdraw the hearing request prior to the hearing, he may do so in writing pursuant to applicable provisions. All correspondence pertaining to this matter should be associated with the claims file. After the hearing is conducted, or if the hearing request is withdrawn in writing prior to the hearing being conducted, the matter should be returned to the Board in accordance with the applicable procedures. 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). These claims 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. TRUEBA 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).