Citation Nr: 1306864	
Decision Date: 02/28/13    Archive Date: 03/01/13

DOCKET NO.  09-39 723	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUES

1.  Entitlement to an initial compensable disability evaluation (rating) for bilateral pes planus deformity, with a history of bilateral plantar fasciitis.

2.  Entitlement to service connection for a left elbow disorder.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Hallie E. Brokowsky, Counsel



INTRODUCTION

The Veteran, who is the appellant in this case, had active duty service from October 1979 to August 1984, and from July 1990 to November 2008.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from February 2009 and March 2009 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia.  The February 2009 rating decision granted service connection for bilateral pes planus deformity and assigned a noncompensable disability rating, effective December 1, 2008 (based on date of claim for service connection).  The Veteran entered a notice of disagreement with the initial rating assigned.  The March 2009 rating decision denied the Veteran's claim for service connection of a left elbow disorder.  

The Board has not only reviewed the Veteran's physical claims file, but also the Veteran's file on Virtual VA, to ensure a total review of the available evidence.  

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


REMAND

On a September 2009 VA Form 9, the Veteran requested a Board hearing at the local regional office (Travel Board).  In September 2012, the RO sent the Veteran notice that he was scheduled for a Travel Board hearing in October 2012.  The Veteran failed to report as scheduled; however, prior to the date of the hearing, the RO received a letter from the Veteran providing a new address and requesting that his hearing be rescheduled due to a prior commitment.  It does not appear that the letter was associated with the Veteran's claims file until after the hearing date passed. 

The letter was received at the RO more than two weeks prior to the scheduled Board hearing, presents good cause for being unable to appear for the hearing, and requests rescheduling.  See 38 C.F.R. § 20.704(c) (2012) (requests for changes in travel board hearings may be made any time up to two weeks prior to the scheduled date of the hearing if good cause is shown).  For these reasons, the RO should reschedule the Veteran for a Travel Board hearing.  See 38 C.F.R. §§ 20.704(c).  

Accordingly, the case is REMANDED for the following action:

The Veteran should be rescheduled for a Board hearing at the RO (Travel Board).  Notice of the scheduled hearing should be provided to the Veteran at the most recent address of record.  

The purpose of this remand is to afford due process.  The Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time.  The Veteran 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).



_________________________________________________
J. Parker
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).