Citation Nr: 1320226	
Decision Date: 06/24/13    Archive Date: 07/02/13

DOCKET NO.  06-07 214A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUES

1.  Whether new and material evidence has been submitted to reopen a previously denied claim of entitlement to service connection for skin cancer.

2.  Whether new and material evidence has been submitted to reopen a previously denied claim of entitlement to service connection for a skin disability.

3.  Entitlement to service connection for type II diabetes, to include as a result of exposure to herbicides.

4.  Entitlement to service connection for neuropathy, to include as a result of exposure to herbicides.

5.  Entitlement to service connection for kidney disease, to include as a result of exposure to herbicides.



REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Andrew Mack, Counsel


INTRODUCTION

The Veteran served on active duty from May 1967 to February 1972. 

These matters were received by the Board of Veterans' Appeals (Board) from the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.  They are on appeal from April 2004 and July 2009 rating decisions.

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


REMAND

The Veteran was scheduled for a Board videoconference hearing in May 2013.  In April 2013, within 60 days from the date that the letter of notification of the time and place of the hearing was sent to the Veteran, he contacted VA in writing and requested that his hearing be postponed.  In a May 2013 written statement, the Veteran requested that such hearing be held at the RO in Huntington.  Therefore, the appeal should be remanded to afford the Veteran a Board videoconference hearing at the Huntington RO as he has requested.  See 38 C.F.R. §§ 20.702, 20.704.




Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a Board videoconference hearing at the Huntington 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 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).



_________________________________________________
MICHELLE L. KANE
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).