Citation Nr: 1306733	
Decision Date: 02/27/13    Archive Date: 03/01/13

DOCKET NO.  07-34 361	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) 
in Denver, Colorado


THE ISSUE

Entitlement to an initial disability rating in excess of 50 percent for service-connected post traumatic stress disorder (PTSD) with recurrent major depressive disorder.


REPRESENTATION

Appellant (the Veteran) is represented by: Robert V. Chisholm, Attorney


WITNESS AT HEARING ON APPEAL

The Veteran



ATTORNEY FOR THE BOARD

L. Cramp, Counsel


INTRODUCTION

The Veteran had active service from September 1968 to May 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in April 2006 by the RO in Denver, Colorado, which, in pertinent part, granted service connection for PTSD, and assigned a 30 percent initial rating.  In a July 2008 rating decision a 50 percent rating was assigned the Veteran's PTSD, effective from June 30, 2008.   

In August 2009, the Veteran appeared at a hearing held at the Denver RO before the undersigned (i.e., Travel Board hearing).  In February 2010, the Board denied the issue of entitlement to a rating in excess of 30 percent for PTSD prior to June 30, 2008, and remanded the issue of entitlement to a rating in excess of 50 percent for PTSD since June 30, 2008.  The Veteran appealed the denial of a rating in excess of 30 percent for PTSD to the U.S. Court of Appeals for Veterans Claims (Court).  In a September 2010 joint motion for remand to the Court, the parties (the Veteran and the VA Secretary) requested that the February 2010 Board decision be vacated and remanded; a subsequent Court order granted the joint motion.  

In a November 2011 decision, the Board granted an increased 50 percent rating for PTSD from May 27, through June 29, 2008, but denied any higher rating.  The Veteran appealed the denial of a rating in excess of 50 percent for PTSD to the Court.  In a May 2012 joint motion for remand to the Court, the parties requested that the November 2011 Board decision be vacated and remanded; a subsequent Court order granted the joint motion.  

The appeal is REMANDED to the Department of Veterans Affairs Regional Office.  VA will notify the appellant if further action is required.


REMAND

In correspondence received in December 2012, the Veteran's attorney requested a Board hearing via videoconference.  In general, a claimant is entitled to a hearing before the Board, and the Veteran here had his hearing in 2009.  However, the attorney states the Veteran's wife would like to testify, which is sufficient reason for another hearing.  

However, by virtue of the 2009 hearing, the Veteran's case remains within the jurisdiction of the undersigned, and any future hearing, to the extent feasible, should not be scheduled with another Veterans Law Judge.  The Veteran and his attorney are advised the undersigned will again be in Denver to conduct hearings on two occasions in the upcoming year, or a video hearing can be scheduled.  In any event, the RO personnel scheduling this hearing should either ensure this case in placed on the undersigned's docket for one of the upcoming travel boards or work with Board personnel to ensure the undersigned is properly notified of any scheduled video hearing.

The RO should contact the private attorney and ask whether to schedule a videoconference hearing before the undersigned or a travel board hearing.  In accordance with his response, please see the above paragraph, and schedule the requested hearing, notifying the Veteran and his attorney of the time and date to report. 

The Veteran 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 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).



_________________________________________________
MICHELLE L. KANE
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 the appeal.  38 C.F.R. § 20.1100(b) (2012).