Citation Nr: 1322174	
Decision Date: 07/11/13    Archive Date: 07/18/13

DOCKET NO.  12-08 801	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Atlanta, Georgia


THE ISSUES

1.  Entitlement to service connection for a back injury.

2.  Entitlement to service connection for asthma.

3.  Entitlement to service connection for a cardiac condition, to include hypertension with chest pains.

4.  Entitlement to service connection for tingling and numbness in the bilateral fingers.

5.  Entitlement to service connection for tingling and numbness in the bilateral legs.


REPRESENTATION

Appellant represented by:	Kenneth L. LaVan


ATTORNEY FOR THE BOARD

D. Whitehead, Counsel


INTRODUCTION

The Veteran served on active duty from June 1985 to June 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an August 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia.

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

Pursuant to 38 C.F.R. § 20.700 (2012), a hearing on appeal will be granted to an appellant who requests a hearing and is willing to appear in person.  38 U.S.C.A. §7107 (West 2002) (pertaining specifically to hearings before the Board).

On his April 2012 VA Form 9, the Veteran requested a hearing (either by means of videoconferencing or Travel Board) at the RO before a Veterans Law Judge.  The Veteran was scheduled for a hearing to be conducted by video conferencing equipment on May 10, 2013, 2012.  However, in a correspondence received on April 30, 2013, the Veteran's representative requested a continuance of the hearing as the representative had not yet been provided with a copy of the Veteran's claims file despite requests for such.  (The claims file reflects that the Veteran's representative was provided a copy of the claims file in May 2013.)  

The applicable regulation provide that a request for a change in hearing date can be submitted at any time up to two weeks prior to the scheduled hearing if good cause is shown.  38 C.F.R. § 20.704.  However, as the Veterans' benefits system is to be both "paternalistic" and "uniquely pro-claimant," a remand of this matter to the RO is warranted to reschedule the Veteran for a Travel Board hearing at the earliest available opportunity  See Jaquay v. Principi, 304 F.3d 1276 (Fed. Cir. 2002); Nolen v. Gober, 222 F.3d 1356 (Fed. Cir. 2000); Hensley v. West, 212 F.3d 1255 (Fed. Cir. 2000).  As the RO schedules Travel Board hearings, a remand of this matter to the RO is warranted.

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a hearing before a traveling Veterans Law Judge at the RO.  A copy of the letter scheduling the Veteran for that hearing should be included in the Veteran's claims folder.

By this remand, the Board intimates no opinion as to any final outcome warranted.

The Veteran need take no action until he is otherwise notified, but he may furnish additional evidence and/or argument during the appropriate time frame.  See 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).



_________________________________________________
KATHLEEN K. GALLAGHER
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).