Citation Nr: 1320050	
Decision Date: 06/21/13    Archive Date: 07/02/13

DOCKET NO.  09-44 643	)	DATE
	)
	)

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


THE ISSUE

Entitlement to a rating higher than 10 percent for right knee degenerative arthritis.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Andrew Mack, Counsel


INTRODUCTION

The Veteran served on active duty from July 1975 to June 1979. 

This matter was received by the Board of Veterans' Appeals (Board) from the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania.  It is on appeal from a June 2007 rating decision.

The Board has not only reviewed the Veteran's physical claims file but also the Veteran's file on the "Virtual VA" system to ensure a total review of the evidence. 

The appeal is REMANDED to the RO.  VA will notify the Veteran if further action is required.


REMAND

In his November 2009 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge at the RO.  However, no hearing was provided to the Veteran, and the record does not reflect that the Veteran has withdrawn his hearing request.  

Rather, in December 2009 and February 2010 statements, the Veteran's representative reiterated that the Veteran had elected to appear before the Board at a hearing at the RO, in a December 2009 supplemental statement of the case the RO acknowledged that the Veteran had requested such a Board hearing, and in an Appeal Certification Worksheet, dated in February 2010, it was noted that a local Board hearing was action needed to perfect the Veteran's appeal.  Therefore, the Veteran should be scheduled for the requested hearing.  38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 20.700, 20.702 (2012).  

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a Board hearing at the RO, as appropriate, in the order that the request for a hearing was received.  After the hearing, the claims file should be returned to the Board in accordance with current appellate procedures.

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.  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).


_________________________________________________
JOHN J. CROWLEY
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).