Citation Nr: 1318423	
Decision Date: 06/06/13    Archive Date: 06/11/13

DOCKET NO.  10-40 851A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Manila, the Republic of the Philippines



THE ISSUE

Entitlement to a one-time payment from the Filipino Veterans Equity Compensation (FVEC) Fund.



ATTORNEY FOR THE BOARD

David A. Brenningmeyer, Counsel








INTRODUCTION

This appeal to the Board of Veterans' Appeals (Board) arose from a March 2010 decision in which the RO denied the appellant's claim for a one-time payment from the FVEC Fund.  In April 2010, the appellant filed a notice of disagreement (NOD).  A statement of the case (SOC) was issued in August 2010, and the appellant filed a statement accepted as a substantive appeal (in lieu of a VA Form 9, Appeal to the Board of Veterans' Appeals) in October 2010.

In May 2013, the Acting Chairman of the Board advanced this appeal on the Board's docket on his own motion, pursuant to 38 U.S.C.A. § 7107(a)(2)(C) (West 2002) and 38 C.F.R. § 20.900(c) (2012).

For the reasons expressed below, the matter on appeal is being remanded to the RO.  VA will notify the appellant when further action, on his part, is required.


REMAND

On a VA Form 9, received in October 2012, the appellant checked a box indicating that he wished to have a Board video-conference hearing.  

Pursuant to 38 C.F.R. § 20.700 (2012), a hearing on appeal will be granted to an appellant who requests a hearing and is willing to appear in person.  See also 38 U.S.C.A. § 7107 (West 2002) (pertaining specifically to hearings before the Board).  Accordingly, and because the RO schedules Board video-conference hearings, a remand of this matter for the RO to schedule the requested hearing is warranted.

Accordingly, this matter is hereby REMANDED for the following action:

Schedule the appellant for a Board video-conference hearing in accordance with his request.  Notify the appellant of the date and time of the hearing.  See 38 C.F.R. § 20.704(b) (2012).  After the hearing, return the claims file to the Board in accordance with current appellate procedures.

The purpose of this remand is to afford due process; it is not the Board's intent to imply whether the benefit requested should be granted or denied.  The appellant need take no action until otherwise notified, but he may furnish additional evidence and/or argument during the appropriate time frame.  See Kutscherousky v. West, 12 Vet. App. 369 (1999); Colon v. Brown, 9 Vet. App. 104, 108 (1996); Booth v. Brown, 8 Vet. App. 109 (1995); Quarles v. Derwinski, 3 Vet. App. 129, 141 (1992).



_________________________________________________
JACQUELINE E. MONROE
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).