Citation Nr: 1306312	
Decision Date: 02/25/13    Archive Date: 03/01/13

DOCKET NO.  09-22 998A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to an increased rating for a peptic ulcer, currently rated as 20 percent disabling.


ATTORNEY FOR THE BOARD

R. Erdheim, Counsel


INTRODUCTION

The Veteran served on active duty from July 1972 to January 1975. 

This matter comes before the Board of Veterans' Appeals (Board) from a February 2006 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) that denied an increased rating for a peptic ulcer.

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

Additional development is necessary prior to further disposition of the claim.

In March 2010, the Veteran did not appear for a VA examination to assess the severity of his peptic ulcer.  However, there are two addresses listed on the VA examination request and a review of the file suggests that the Veteran no longer resides at either address.  Specifically, a 2012 letter sent to his most current address, a P.O. Box, was returned because the P. O. Box had been closed.  Thus, it is unclear as to whether he received the examination request.  Moreover, the Veteran requested a hearing on his July 2009 Form 9 and was scheduled for that hearing in January 2013, but failed to appear.  Once again, it is not clear that the Veteran received the hearing notice.  Thus, further attempts should be made to obtain the Veteran's current address and then to schedule a VA examination and a hearing. 

Also, it is unclear whether the Veteran is represented by a private attorney or wishes for such representation.  Thus, clarification of representation should be accomplished.  

Accordingly, the case is REMANDED for the following actions:

1.  Attempt to obtain the Veteran's current address.  

a)  Schedule the Veteran for a hearing, clarifying whether he would like a videoconference hearing or a travel board hearing. 

b)  Schedule the Veteran for a VA examination to assess the severity of his peptic ulcer.  
c)  Notify the Veteran of his representation options and clarify his choice or representative.  

2.  After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response. 

Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.  The Board intimates no opinion as to the outcome of this case.  The Veteran need take no action until so informed. The purpose of this REMAND is to ensure compliance with due process considerations. 

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



_________________________________________________
M. E. LARKIN
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).