Citation Nr: 1305447	
Decision Date: 02/14/13    Archive Date: 02/21/13

DOCKET NO.  12-10 967	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin


THE ISSUE

Entitlement to waiver of recovery of the debt of $9,775.90, due to overpayment of VA benefits.


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, Inc.


ATTORNEY FOR THE BOARD

Rebecca Feinberg, Counsel



INTRODUCTION

The Veteran had service from July 1977 to August 1997.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2011 decision of the Committee on Waivers and Compromises at the Milwaukee, Wisconsin RO, which denied a waiver of indebtedness for an overpayment created.

The Board notes that the Veteran has raised a claim for apportionment of his benefits.  The RO should take all appropriate steps to address this issue.

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 a February 2013 written statement, the Veteran's representative indicated that the Veteran wished to appear for a hearing before the Board at the RO.  He has not yet been scheduled for this hearing.

Accordingly, the case is REMANDED for the following action:

The Veteran should be scheduled for a videoconference hearing before the Board.

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).

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).



_________________________________________________
H. N. SCHWARTZ
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).