Citation Nr: 1319126	
Decision Date: 06/12/13    Archive Date: 06/21/13

DOCKET NO.  08-03 381	)	DATE
	)
	)

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


THE ISSUES

1. Entitlement to service connection for diabetes mellitus, type I, to include as due to herbicide exposure.

2. Entitlement to service connection for a thyroid disorder, to include as secondary to diabetes mellitus, type I, and as due to herbicide exposure.

3. Entitlement to service connection for peripheral neuropathy of the upper extremities, to include as secondary to diabetes mellitus, type I, and as due to herbicide exposure.

4. Entitlement to service connection for peripheral neuropathy of the lower extremities, to include as secondary to diabetes mellitus, type I, and as due to herbicide exposure.

5. Entitlement to service connection for a chest disorder, to include as secondary to diabetes mellitus, type I, and as due to herbicide exposure.


REPRESENTATION

Appellant represented by:	Vietnam Veterans of America


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

N. Snyder, Counsel


INTRODUCTION

The Veteran served on active duty from August 1969 to August 1972.   

This matter comes before the Board of Veterans' Appeals (Board) from an April 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania.

The appeal is remanded.  VA will notify the appellant if further action is required.


REMAND

In February 2011, the Veteran testified before an acting Veterans Law Judge. In May 2013, the Veteran was informed that the acting Veterans Law Judge was no longer with the Board and offered the opportunity to testify at another hearing.  In response, the Veteran indicated a desire to appear at a hearing before a Veterans Law Judge at his local regional office , i.e. a Travel Board hearing.    This hearing must be scheduled at the RO level, and, accordingly, a remand is required.  See Bernard v. Brown, 4 Vet. App. 384, 393 (1993); 38 C.F.R. §§ 3.103(a) and (c)(1), 19.9, 19.25, 20.700, 20.704.

Accordingly, the case is REMANDED for the following action:

Make the necessary arrangements to schedule the appellant for a Travel Board hearing at the RO and notify him of the scheduled hearing at the latest address of record.  A copy of the notice provided to the appellant of the scheduled hearing should be placed in the record.

The appellant 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 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).



_________________________________________________
KATHLEEN K. GALLAGHER
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).