Citation Nr: 1007018	
Decision Date: 02/25/10    Archive Date: 03/05/10

DOCKET NO.  09-00 719	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas



THE ISSUE

Entitlement to compensation benefits under the provisions of 
38 U.S.C.A. § 1151 for loss of vision.


REPRESENTATION

Veteran represented by:	Texas Veterans Commission



ATTORNEY FOR THE BOARD

C. Ferguson, Counsel



INTRODUCTION

The Veteran had active service from March 1951 to March 1953.  

This matter comes before the Board of Veterans' Appeals 
(Board) on appeal from a January 2008 rating decision by the 
above Department of Veterans Affairs (VA) Regional Office 
(RO).  

This appeal has been advanced on the Board's docket pursuant 
to 38 C.F.R. § 20.900(c) (2009).  38 U.S.C.A. § 7107(a)(2) 
(West 2002).

The appeal is REMANDED to the RO via the Appeals Management 
Center (AMC), in Washington, DC.  VA will notify the Veteran 
when further action is required.


REMAND

Review of the record reveals that this case must be remanded 
to ensure due process before the Board may adjudicate the 
claim on the merits.   

The Board notes that this case was previously before the 
Board in August 2009 and, at that time, a medical expert 
opinion from a VA physician specialist was requested.  In 
September 2009, the Board received the requested opinion from 
a board certified VA ophthalmologist, Dr. C.F.P.  The Board 
subsequently notified the Veteran in November 2009 
correspondence that the requested medical opinion had been 
received, enclosed a copy of the medical opinion, and 
informed the Veteran that he had sixty days from the date of 
the letter to submit additional evidence or argument in 
support of his claim.  See 38 C.F.R. § 20.903.  The RO also 
explained in said correspondence that the Veteran had the 
right to have newly submitted evidence along with the 
evidence of record considered by the RO for review and for 
issuance of a Supplemental Statement of the Case (SSOC) or, 
in the alternative, he could waive in writing his right to 
initial RO consideration of any new evidence he submitted, 
and request that the Board proceed with adjudication of his 
appeal without remanding his case to the RO.  

The record shows that additional medical evidence, consisting 
of VA treatment records from December 2002 to November 2009, 
was received in support of the Veteran's claim in October 
2009 and again in December 2009.   The Veteran specifically 
indicated in his December 2009 Medical Opinion Response Form 
that he wanted his case remanded to the RO for review of the 
newly submitted evidence.  Because the Veteran has 
specifically asked to have his case remanded, and has 
declined to provide a waiver of his right to have the RO 
review the additional evidence in the first instance, the 
Board must remand this case to the RO for its due 
consideration and the issuance of a SSOC reflecting such 
consideration with respect to the issue on appeal.  See 
38 C.F.R. § 20.1304(c).   

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's 
docket pursuant to 38 C.F.R. § 20.900(c) (2009).  Expedited 
handling is requested.)

The Veteran's claim should be 
readjudicated with consideration of any 
evidence received since the May 2008 SOC.  
If any benefit sought on appeal remains 
denied, the Veteran and his representative 
should be provided with a SSOC that 
contains notice of all relevant actions 
taken, including a summary of the evidence 
and applicable law and regulations 
considered pertinent to the issue.  An 
appropriate period of time should be 
allowed for response by the Veteran and/or 
his representative.  Thereafter, the case 
should be returned to the Board for 
further appellate consideration, if in 
order.    

This remand is to ensure due process.  The Board intimates no 
opinion either favorable or unfavorable at this time.  The 
Veteran 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. 2009).



__________________________
ANDREW J. MULLEN
Veterans Law Judge, Board of Veterans' Appeals


Under 38 U.S.C.A. § 7252 (West 2002), only a final decision 
of the Board of Veterans' Appeals is appealable to the U.S. 
Court of Appeals for Veterans Claims.  This remand is in the 
nature of a preliminary order and does not constitute a final 
decision of the Board on the merits of the appeal.  38 C.F.R. 
§ 20.1100(b) (2009).