Citation Nr: 1319062	
Decision Date: 06/12/13    Archive Date: 06/21/13

DOCKET NO.  09-49 181	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUE

Whether new and material evidence has been received to reopen a claim of service connection for a head injury.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Tiffany Berry, Counsel



INTRODUCTION

The Veteran served on active duty from October 1965 to December 1967. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.  

On his December 2009 VA Form 9 (substantive appeal), the Veteran indicated his desire to be scheduled for a hearing before a Veterans Law Judge.  He was scheduled for this requested hearing in January 2012, but failed to report.  However, that same month, the Veteran requested he be rescheduled for his hearing.  

Therefore, in order to comply with the Veteran's request, this appeal is REMANDED to the RO via the AMC, in Washington, D.C.  VA will notify the Veteran if further action is required.


REMAND

As explained in the Introduction, in January 2012, the Veteran failed to report to his scheduled video-conference hearing.  However, he contacted the RO that same month and requested he be rescheduled for a video-conference hearing.  Consequently, he is entitled to this hearing before deciding his appeal.  38 C.F.R. 
§ 20.700(a)(2012).  Therefore, a remand is necessary in order to afford the Veteran his requested hearing.   

Accordingly, the case is REMANDED for the following action:

The Veteran should be scheduled for a video-conference hearing before a Veterans Law Judge.

The Veteran has the right to submit additional evidence and argument on the matter or 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).



_________________________________________________
STEVEN D. REISS
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).