Citation Nr: 1320012	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  09-19 548	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New York, New York


THE ISSUES

1.  Entitlement to service connection for bilateral hearing loss.

2.  Entitlement to service connection for Hepatitis C.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

J. Chapman, Associate Counsel





INTRODUCTION

The appellant is a Veteran who served on active duty from March 1964 to December 1967.  These matters are before the Board of Veterans' Appeals (Board) on appeal from a September 2007 rating decision of the New York, New York Department of Veterans Affairs (VA) Regional Office (RO) that confirmed a previous (June 2006) denial of service connection for bilateral hearing loss and Hepatitis C.

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

Pursuant to 38 C.F.R. § 20.700, a hearing on appeal will be granted to an appellant who requests a hearing and is willing to appear in person.  See also 38 U.S.C.A.       § 7107 (pertaining specifically to hearings before the Board).

In the Veteran's May 2009 VA Form 9, substantive appeal, he requested a "BVA hearing at a local VA office before a member, or members, of the BVA."  A March 2011 letter notified him that a hearing was scheduled for April 12, 2011; he failed to appear.  In April 11, 2011 correspondence to the RO, a social worker advised that the Veteran was admitted to Albany VAMC and would be hospitalized for a week, and thus, not able to make his scheduled hearing.  The Board construes the Veteran's statement as a motion to reschedule a Board hearing for good cause shown.  38 C.F.R. § 20.702(d). 

Accordingly, the case is REMANDED for the following:

The RO should take appropriate steps to schedule the Veteran for a personal hearing before a Member of the Board at the New York, New York RO (or via videoconference if he so desires) at the next available opportunity.  The case should thereafter be processed in accordance with established appellate practices.

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 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).



_________________________________________________
GEORGE R. SENYK
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).