Citation Nr: 1305985	
Decision Date: 02/21/13    Archive Date: 02/27/13

DOCKET NO.  10-36 840	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania


THE ISSUES

1.  Entitlement to service connection for bilateral hearing loss.

2.  Entitlement to service connection for diabetes mellitus type II.


ATTORNEY FOR THE BOARD

J. Juliano, Associate Counsel

INTRODUCTION

The Veteran served on active duty from May 1967 to February 1971.

These matters come before the Board of Veterans' Appeals (Board) on appeal from June 2008 and February 2009 rating decisions of the Department of Veterans Affairs (VA) regional office located in Philadelphia, Pennsylvania.

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

On his Form 9 appeals, the Veteran requested a Travel Board hearing, which was scheduled for November 2011.  Previously, an October 2011 Report of General Information reflects that the Veteran requested that the RO reschedule his Travel Board hearing.  The report also reflects that the Veteran reported that he had previously mailed a written request to reschedule the hearing within two weeks of his receipt of notice of the date and time of the hearing (albeit the Board notes that, to date, a copy of such earlier request has not yet been received or associated with the claims file).  

"The appellant or the representative may request a different date for the hearing within 60 days from the date of the letter of notification of the time and place of the hearing, or not later than two weeks prior to the scheduled hearing date, whichever is earlier."  38 C.F.R. § 20.702(c) (2012).  "The request must be in writing, but the grounds for the request need not be stated."  See id.

As shown above, a written memorialization of the Veteran's request for a re-scheduled Travel Board hearing is of record.  The Board will give the Veteran the benefit of the doubt with regard to whether he sent an earlier written request at least two weeks prior to the scheduled hearing date.  Therefore, the Veteran's request for another Travel Board hearing is granted.

Accordingly, the case is remanded for the following action:

Schedule the Veteran for a new Travel Board hearing at the RO in Philadelphia, Pennsylvania.  Provide him and his representative (if any) reasonable advance notice of the date, time, and location of the hearing.

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



_________________________________________________
D. C. Spickler
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court.  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).