Citation Nr: 1318155	
Decision Date: 06/04/13    Archive Date: 06/11/13

DOCKET NO.  10-26 116	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Los Angeles, California


THE ISSUE

1.  Entitlement to service connection for sleep apnea.

2.  Entitlement to service connection for erectile dysfunction, to include as due to exposure to an herbicidal agent, to also include as secondary to prostate cancer.


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

S. Pflugner, Counsel



INTRODUCTION

The Veteran served on active duty from June 1964 to June 1968. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office in San Diego, California, on behalf of the Regional Office located in Los Angeles, California (RO). 

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  VA will notify the Veteran if further action is required.


REMAND

In January 2011, the Veteran appeared at a hearing to present testimony on the issues on appeal before a Veterans Law Judge who is no longer employed by the Board.  The hearing transcript has been associated with the Veteran's claims file.  When a Veterans Law Judge who has conducted a hearing is no longer available to adjudicate the claim, the Veteran has a right to provide testimony at another Board hearing.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.707 (2012). 

In correspondence from the Veteran received in May 2013, he indicated that he desired a new Travel Board hearing before another member of the Board.  As the Veteran has a right to such hearing, but one has not been afforded him as of yet, the Veteran must be scheduled for the requested hearing. 

Accordingly, the case is REMANDED for the following action:

The RO must schedule the Veteran for a Board hearing in accordance with applicable procedures as established by 38 C.F.R. § 20.704.  The RO must notify the Veteran of the date, time, and place of such a hearing by letter mailed to his current address of record.  All correspondence pertaining to these matters must be associated with the claims file.  If the Veteran no longer desires a hearing before the Board in these matters, he must promptly notify the RO.  38 C.F.R. § 20.702(e) (2012).

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).

These claims 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 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).



_________________________________________________
L. M. BARNARD
Acting 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).