Citation Nr: 1320566	
Decision Date: 06/26/13    Archive Date: 07/05/13

DOCKET NO.  09-50 282	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) 
in Roanoke, Virginia



THE ISSUE

Entitlement to service connection for migraine headaches.



REPRESENTATION

Appellant represented by:	Disabled American Veterans



ATTORNEY FOR THE BOARD

Rebecca Feinberg, Counsel


INTRODUCTION

The Veteran had active service from November 1996 to April 1997.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision of the RO.

A review of the Virtual VA paperless claims processing system does not reveal any additional documents pertinent to the present appeal.

The appeal is being remanded to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the Veteran if further action is required on his part.


REMAND

As requested, the Veteran was scheduled for a hearing to be held at the RO before a Veterans Law Judge in March 2013.  

In March 2013, prior to the scheduled date of her hearing, the Veteran informed VA that she would be unable to attend the hearing and asked that it be rescheduled.  This request is granted.

Accordingly, the case is REMANDED for the following action:

The RO should take all indicated action in order to schedule the Veteran for a Travel Board hearing at the earliest possible opportunity, with appropriate notification to the Veteran and her representative.  A copy of the notice to the Veteran of the scheduling of the hearing should be placed in the record.  If the Veteran withdraws her hearing request or fails to report for the scheduled hearing, this should be documented in the record.

Thereafter, if indicated, the case should be returned to the Board for the purpose of appellate disposition.

The Veteran has the right to submit additional evidence and argument on the matter or 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).


_________________________________________________
STEPHEN L. WILKINS
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).