Citation Nr: 1318441	
Decision Date: 06/06/13    Archive Date: 06/11/13

DOCKET NO.  12-08 092	)	DATE
	)
	)

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


THE ISSUES

1.  Entitlement to service connection for diabetes mellitus.  

2.  Entitlement to service connection for neuropathy of the feet.  

3.  Entitlement to service connection for gum disease.  


REPRESENTATION

Appellant represented by:	National Association for Black Veterans, Inc.


ATTORNEY FOR THE BOARD

R. Giannecchini, Counsel



REMAND

The Veteran had active military service from June 1987 to September 1989.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal following a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.  

A VA Form 9 (Appeal to Board of Veterans' Appeals), dated in March 2012, reflects a request by the Veteran for a Board hearing at the RO.  (This request was noted on a VA Form 8 dated in April 2013, but the RO did not act on it.)  In view of the pending hearing request in this matter, the Board must remand the case to ensure that the Veteran is afforded due process of law.  See 38 U.S.C.A. § 7104 (West 2002).  

Accordingly, this case is REMANDED for the following action:

Schedule the Veteran for a hearing before a member of the Board sitting at the RO.  The Veteran should be notified in writing (at his latest address of record) of the date, time, and location of the hearing.  

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 case must be afforded expeditious treatment.  The law requires that all claims 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).



_______________________________
MARK F. HALSEY
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 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).