Citation Nr: 1320941	
Decision Date: 06/28/13    Archive Date: 07/05/13

DOCKET NO.  12-07 138	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Louisville, Kentucky


THE ISSUE

Entitlement to service connection for ischemic heart disease, including due to herbicide exposure.  


REPRESENTATION

Veteran represented by:	The American Legion


ATTORNEY FOR THE BOARD

Saira Spicknall, Counsel



INTRODUCTION

The Veteran served on active duty from January 1967 to December 1968.

He appealed to the Board of Veterans' Appeals (Board/BVA) from a February 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

There is an outstanding hearing request, so rather than immediately deciding this claim the Board is remanding it the RO via the Appeals Management Center (AMC) in Washington, DC, to schedule this hearing.


REMAND

In a recent April 2013 statement in support of claim (on VA Form 21-4138), the Veteran and his representative indicated they were requesting a personal hearing at the Louisville office - referring to the local RO.  They presumably want this hearing before a Veterans Law Judge of the Board, so either with the presiding judge there at the RO (Travel Board hearing) or alternatively using videoconferencing technology (videoconference hearing).  To date, however, this hearing has not been scheduled.  The Veteran is entitled to this hearing before deciding his appeal of this claim.  38 C.F.R. §§ 3.103(c)(1); 20.700(a) (2012).

Accordingly, this claim is REMANDED for the following action:

Depending on what he elects, schedule the Veteran for either a Travel Board hearing or videoconference hearing before the Board at the earliest opportunity.  Notify him of the date, time, and location of this hearing at his latest address of record.  Put a copy of this notification letter in the claims file.  If he fails to appear for the hearing on the date it is scheduled, without showing good cause, or changes his mind and elects not to have this hearing, then also document that in the file.

He has the right to submit additional evidence and argument concerning this claim the Board is remanding.  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).



_________________________________________________
KEITH W. ALLEN
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).