Citation Nr: 1318634	
Decision Date: 06/07/13    Archive Date: 06/11/13

DOCKET NO.  12-15 990	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office and Insurance Center
in Philadelphia, Pennsylvania


THE ISSUES

1.  Entitlement to dependency and indemnity compensation (DIC).

2.  Entitlement to death pension.

3.  Entitlement to accrued benefits.


ATTORNEY FOR THE BOARD

David A. Brenningmeyer, Counsel




INTRODUCTION

The Veteran's service has not been verified.  According to the RO, he served on active duty from May 1954 to May 1956.  He died in January 1988.  The appellant is purportedly his daughter.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2011 decision of the Department of Veterans Affairs (VA) Regional Office (RO) and Insurance Center in Philadelphia, Pennsylvania, which denied the appellant's claims for DIC, death pension, and accrued benefits.

For the reasons set forth below, this appeal is being REMANDED to the RO.  VA will notify the appellant if further action is required on her part.


REMAND

By way a VA Form 9, received in May 2012, the appellant indicated that she would like to have a hearing in connection with her appeal.  By way of a second VA Form 9, received in July 2012, she clarified that she wished to have a Board hearing at the RO (a so-called Travel Board hearing).

In light of the appellant's request, the record on appeal must be returned to the agency of original jurisdiction.  A remand is required.  38 C.F.R. §§ 19.9, 20.704 (2012).

For the reasons stated, this case is REMANDED for the following action:

Schedule the appellant for a hearing at the RO, to be held before a traveling Veterans Law Judge of the Board.  Give her advance notice of the date and time of the hearing, in accordance with 38 C.F.R. § 20.704(b).

After the appellant has been given an opportunity to appear at a Board hearing, the record on appeal should be returned to the Board, if otherwise in order.  No action is required by the appellant until she receives further notice, but she may furnish additional evidence and argument while the case is in remand status.  Kutscherousky v. West, 12 Vet. App. 369 (1999).  The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal.

This matter must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board or 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 Supp. 2012).



_________________________________________________
MARJORIE A. AUER
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 this appeal.  38 C.F.R. § 20.1100(b) (2012).