Citation Nr: 1306772	
Decision Date: 02/27/13    Archive Date: 03/01/13

DOCKET NO.  07-13 929	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office in Winston-Salem, North Carolina


THE ISSUE

Entitlement to service connection for a right knee disorder.  


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

J. T. Hutcheson, Counsel



INTRODUCTION

The Veteran is the appellant in the instant appeal.  He had active service from July 1981 to May 1982; from September 1990 to October 1991; and from March 2003 to October 2004.  He had additional duty with the North Carolina National Guard.  

This matter came before the Board of Veterans' Appeals (Board) on appeal from an August 2005 rating decision of the St. Louis, Missouri, Regional Office which denied service connection for depression, lumbar spine degenerative disc disease, and a right knee disorder.  In February 2007, the Winston-Salem, North Carolina, Regional Office (RO) granted service connection for major depressive disorder; assigned a 50 percent evaluation for that disability, and effectuated the award as of October 7, 2004.  In August 2012, the Board granted service connection for lumbar spine degenerative disc disease and remanded the Veteran's claim for service connection for a right knee disorder to the RO for additional action.  The Board has reviewed both the Veteran's physical claims files and his "Virtual VA" file so as to insure a total review of the evidence.  

This appeal is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. 


REMAND

In August 2012, the Board sent its August 2012 decision to the Veteran at his address then of record.  The United States Postal Service (USPS) returned the decision to the Board as undeliverable.  In September 2012, VA was informed of the Veteran's current address.  In October 2012, the Board mailed the August 2012 decision to the Veteran at his current address.  In accordance with the Board's Remand instructions, the AMC prepared a December 2012 supplemental statement of the case (SSOC).  Unfortunately, the SSOC was mailed to the Veteran's prior address.  In January 2013, the USPS returned the December 2012 SSOC as undeliverable.  Action should be taken to update the Veteran's address of record and to provide the Veteran with the December 2012 SSOC.  

Accordingly, the case is REMANDED for the following action:

Update the Veteran's address of record to reflect his current address as noted on the September 2012 documentation of record.  Then resend the December 2012 SSOC to the Veteran.  An appropriate period of time should be allowed for response before the case is returned to the Board.  

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 or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West 2002).  



_________________________________________________
J. PARKER
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).