Citation Nr: 1321589	
Decision Date: 07/05/13    Archive Date: 07/12/13

DOCKET NO.  12-20 922A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office and Insurance Center in Philadelphia, Pennsylvania

THE ISSUES

1.  Entitlement to service connection for the cause of the Veteran's death.

2.  Entitlement to accrued benefits.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

J. M. Kirby, Counsel


INTRODUCTION

The Veteran served on active duty from May 1945 to October 1946, and died in July 2010.  The appellant is the Veteran's surviving spouse.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from December 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and Insurance Center in Philadelphia, Pennsylvania.  

The appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a) (2) (West 2002).

For the reasons discussed below, the appeal is REMANDED to the RO via the Appeals Management Center, in Washington, D.C.  VA will notify the appellant if further action is required.


REMAND

In August 2012, the appellant submitted a VA Form 9 perfecting her appeal and indicating that she wished to have a hearing before the Board, to be held at the local RO, in conjunction with her appeal.  Review of the claims file reveals that her hearing has not yet been scheduled.  This must be accomplished before appellate review can proceed.

Accordingly, the appeal is REMANDED for the following action:




Transfer the appellant's case to the St. Petersburg VARO, and unless she explicitly withdraws her request for a hearing, place her name on the docket for a hearing before the Board, to be held in person at the St. Petersburg VARO according to her August 2012 request.

The appellant 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.  All claims 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).



_________________________________________________
MICHAEL E. KILCOYNE
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).