Citation Nr: 1321665	
Decision Date: 07/08/13    Archive Date: 07/18/13

DOCKET NO.  07-20 908A	)	DATE
	)
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On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to service connection for blindness in both eyes, to include as secondary to service-connected type II diabetes mellitus.


REPRESENTATION

Veteran represented by:	Marian H. Neudel, Esq.


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

L. B. Yantz, Counsel

INTRODUCTION

The appellant is a Veteran who served on active duty from January 1966 to December 1968.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2005 rating decision of the Chicago, Illinois Department of Veterans Affairs (VA) Regional Office (RO).  In March 2013, a Travel Board hearing was held before the undersigned.  A transcript of the hearing is associated with the Veteran's claims file.

The Board notes that it has reviewed both the Veteran's physical claims file and "Virtual VA" (VA's electronic data storage system) to ensure that the complete record is considered.  At present, there are no additional documents pertinent to this appeal in Virtual VA.

The issues of entitlement to service connection for sarcoidosis and to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), have been raised by the record, but have not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action.

The appeal is REMANDED to the RO.  VA will notify the Veteran if action on his part is required.


REMAND

Under 38 U.S.C.A. § 20.1304(c), any pertinent evidence submitted to the Board by the Veteran or his representative must be referred to the AOJ for review, unless this procedural right is waived, or unless the Board determines that the benefit to which the evidence relates may be fully allowed on appeal without such referral.  At his March 2013 hearing, the Veteran submitted additional pertinent evidence to the Board and specifically did not waive initial AOJ consideration of this evidence.  Therefore, his claim must now be remanded to the AOJ for their initial review of the additional evidence submitted.  See Disabled American Veterans, et al. v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003).

Accordingly, the case is REMANDED for the following:

The RO should review the claims file (to specifically include an initial review of the evidence received at the Veteran's March 2013 hearing), undertake any further development that may be indicated by the additional evidence received (to include a VA examination, if indicated), and then readjudicate the Veteran's claim of service connection for blindness in both eyes.  If the benefit sought remains denied, the RO should issue an appropriate supplemental statement of the case and afford the Veteran and his attorney the opportunity to respond.  The case should then be returned to the Board.

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


_________________________________________________
GEORGE R. SENYK
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).