Citation Nr: 1319242	
Decision Date: 06/13/13    Archive Date: 06/21/13

DOCKET NO.  11-11 043	)	DATE
	)
	)

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


THE ISSUE

Whether new and material evidence has been submitted to reopen the issue of entitlement to service connection for a low back condition.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

J. M. Kirby, Counsel



INTRODUCTION

The Veteran served on active duty from May 1986 to May 1996.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a April 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.  Jurisdiction rests with the RO in Winston-Salem, North Carolina, from which the appeal was certified.  

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, D.C.  VA will notify the appellant if further action is required.


REMAND

In his April 2011 VA Form 9, the Veteran indicated that he wished to appear at a Board hearing to be held by videoconference from the RO; in November 2011, he submitted a status inquiry to the RO as to his request.  Review of the claims file reveals that a hearing has yet to be scheduled; accordingly, remand is required so that a Board hearing may be scheduled in accordance with his request.  38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 20.700, 20.703, 20.704 (2012).

Accordingly, the appeal is REMANDED for the following action:

Schedule the Veteran for a videoconference Board hearing in connection with his appeal.  Place a copy of the notice scheduling the hearing in the claims folder.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  All claims 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).