Citation Nr: 1304623	
Decision Date: 02/08/13    Archive Date: 02/19/13

DOCKET NO.  09-37 229A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New Orleans, Louisiana


THE ISSUE

Entitlement to an initial rating greater than 10 percent for hypothyroidism.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

S. M. Marcus, Counsel



INTRODUCTION

The Veteran served on active duty from June 1999 to May 2007.  This matter is before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana. 

The appeal is remanded to the RO.


REMAND

The Veteran originally indicated she did not want a hearing before the Board on her October 2009 substantive appeal (Form 9).  Thereafter, in an August 2012 letter, the Veteran explained she had been confused by this process and inadvertently checked the wrong box on her Form 9.  She indicated that she desired a hearing before the Board to present testimony regarding her appeal either via Travel Board or via videoconference at her local RO, whichever could be scheduled first.  

Accordingly, the case is remanded for the following action:

The Veteran must be scheduled for a Travel Board or Videoconference hearing, whichever can be scheduled sooner, before the Board for the issue of entitlement to an initial rating in excess of 10 percent for hypothyroidism.

No action is required by the Veteran until she receives further notice; however, she may present additional evidence or argument while the case is in remand status at the RO.  Kutscherousky v. West, 12 Vet. App. 369 (1999).


_________________________________________________
JOY A. MCDONALD
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).