Citation Nr: 1237470	
Decision Date: 11/01/12    Archive Date: 11/09/12

DOCKET NO.  11-19 621	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Seattle, Washington


THE ISSUE

Entitlement to an effective date earlier than January 15, 1999, for the grant of service connection for schizophrenia, paranoid type.


WITNESS AT HEARING ON APPEAL

The Veteran


ATTORNEY FOR THE BOARD

M. Purdum, Counsel






INTRODUCTION

The Veteran had active military service from October 1976 to October 1980, with unverified prior inactive service.

This appeal to the Board of Veterans' Appeals (BVA) is from a June 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington, which denied the claim on appeal.

In September 2012, the Veteran testified via videoconference before the undersigned Veterans Law Judge, seated at the Board's Central Office in Washington, D.C.  Unfortunately, however, VA was unable to produce a written transcript of the proceeding.  

The Veteran was originally represented by The Disabled American Veterans. However, in a statement received by the VA in July 2012, the Veteran revoked representation. 

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

As noted, in September 2012 the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  Unfortunately, however, a written transcript of the proceeding could not be made for inclusion in the file.  In the event, as here, a hearing has not been recorded in whole or in part due to equipment failure or other causes, or the official transcript of the hearing is lost or destroyed and the recording upon which it was based is no longer available, an appellant or his or her representative may move for a new hearing.  38 C.F.R. § 20.717 (2011).  In October 2012, the Veteran was notified of this and offered another hearing before the Board.  In his response received later in October 2012, he indicated that he desired to appear before the Board at his local RO.  Thus, this additional hearing must be scheduled before deciding his appeal.  38 C.F.R. §§ 20.700(a), 20.704 (2011).

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a Travel Board hearing at the RO.  Notify the Veteran of the date, time, and location of this additional hearing.  Put a copy of this letter in his claims file.  If he changes his mind and elects not to have this additional hearing, or fails to report for the proceeding without good cause, also document this in his claims file.

The appellant has the right to submit additional evidence and argument on the matter 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. 2012).



_________________________________________________
P.M. DILORENZO
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) (2012).