Citation Nr: 1320754	
Decision Date: 06/27/13    Archive Date: 07/05/13

DOCKET NO.  10-40 778A	)	DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania
 
 
THE ISSUES
 
1.  Entitlement to service connection for gout, to include as secondary to reflux esophagitis and gastritis.
 
2.  Entitlement to service connection for sleep apnea, to include as secondary to reflux esophagitis and gastritis.
 
3.  Entitlement to an increased rating for reflux esophagitis and gastritis, also referred to as gastroesophageal reflux disease, evaluated as 10 percent disabling.
 
 
REPRESENTATION
 
Appellant represented by:  National Association of County Veterans Service Officers
 


ATTORNEY FOR THE BOARD
 
A. Barner, Associate Counsel
 
 
INTRODUCTION
 
The Veteran served on active duty from October 1976 to August 1994.  
 
This matter comes before the Board of Veterans' Appeals (Board) on appeal from March 2010 and March 2011 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, PA.
 
The issues are as characterized on the title page.  See 38 C.F.R. § 19.35 (2012). 
 
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
 
In May 2013, the Veteran requested a personal hearing before a member of the Board, seated at the RO.  The Veteran has not yet been afforded such a hearing, such that a remand of this appeal is required.
 
Accordingly, the case is REMANDED for the following action:
 
1.  After undertaking any additional development deemed appropriate, and giving the appellant full opportunity to supplement the record, readjudicate the Veteran's pending claims in light of any additional evidence added to the record.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a supplemental statement of the case and be afforded a reasonable opportunity to respond.  

2.  Thereafter, schedule the Veteran for a hearing before a member of the Board sitting at the RO.  The Veteran should be notified of the date, time and place of such a hearing by letter mailed to his current address of record.
 
The appellant 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).


_________________________________________________
DEREK R. BROWN
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).