Citation Nr: 1237954 Decision Date: 11/06/12 Archive Date: 11/16/12 DOCKET NO. 10-19 691 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to service connection for a skin disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD C. Hancock, Counsel INTRODUCTION The Veteran served on active duty from August 1970 to August 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. Two service connection issues addressed by the RO in May 2009 included post traumatic stress disorder (PTSD) and headaches. Following his perfecting appeals for these two matters (see August 2009 notice of disagreement; April 2010 Statement of the Case (SOC), and May 2010 substantive appeal), the RO in May 2010 granted service connection for both claimed disorders. These issues therefore are no longer before the Board for appellate consideration. 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 Unfortunately, a remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that certain due process concerns can be addressed. The Board notes that the Veteran's claim was certified for appeal on August 31, 2012. See VA Form 8, Certification of Appeal. The VA Form 8 showed that the Veteran, at that time, was represented by the "VDVS" (Virginia Department of Veterans Services). The Veteran was informed of this certification as part of a letter mailed to him by the RO, dated September 14, 2012. The Board thereafter, by means of a letter dated September 28, 2012, informed the Veteran that his claims file had been received, and that his appeal had been docketed. VDVS is shown to have been copied on this letter from the Board. A letter from VDVS, signed by the Veteran on September 27, 2012, was received by the Board later in September 2012 via facsimile. The letter, on VDVS letterhead, indicated that Due to a recent decision to temporarily terminate our full time representation before the Board of Veterans Appeals in Washington, D.C. we will no longer be able to provide representation before the Board. Virginia Department of Veterans Services, like many other state agencies, is experiencing budget restraints that require us to reconsider our staffing needs. We hope to be able to offer this service again at some point in the future. A new VA Form 21-22 is attached. The supplied VA Form 21-22 shows that the form was signed by the Veteran on September 27, 2012, and it named the "VFW" (Veterans of Foreign Wars of the United States) as his recognized service organization. VA regulations provide that a claimant may request a change in representation within 90 days following notification of certification of an appeal to the Board. 38 C.F.R. § 20.1304(a). Such a request, however, must be submitted directly to the Board and not the agency of original jurisdiction. Id. As the Board was notified of the Veteran's request for a change in representation within the 90-day period, his request is deemed timely and will be granted. The Board notes, however, that the Veteran's claims folder does not contain a VA Form 646 or an Informal Hearing Presentation from the Veterans of Foreign Wars of the United States. See 38 C.F.R. § 20.600 (2012) (stating that "[a]n appellant will be accorded full right to representation in all stages of an appeal by a recognized organization, attorney, agent, or other authorized person"). Consequently, the Board finds that a remand is necessary to afford the Veteran's new representative an opportunity to review the file and submit a VA Form 646 and an Informal Hearing Presentation in support of the Veteran. Accordingly, the case is REMANDED for the following action: 1. The RO/AMC should afford the Veteran's accredited representative, the Veterans of Foreign Wars of the United States, the opportunity to review the claims file and to submit a VA Form 646 AND an Informal Hearing Presentation on the Veteran's behalf. 2. Thereafter, the RO/AMC should take any action deemed appropriate and then return the case to the Board. 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 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). _________________________________________________ MARK W. GREENSTREET 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).