Citation Nr: 1322383	
Decision Date: 07/12/13    Archive Date: 07/18/13

DOCKET NO.  09-09 411	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina


THE ISSUES

1.  Entitlement to service connection for a low back disorder.

2.  Entitlement to service connection for a neck disorder.

3.  Entitlement to service connection for a bilateral leg disorder. 


ATTORNEY FOR THE BOARD

D. Havelka, Counsel









INTRODUCTION

The Veteran served on active duty from November 1983 to December 1983. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office in Winston-Salem, North Carolina (RO). 

The appeal is remanded to the RO.


REMAND

The Veteran failed to report for hearings before the Board at the RO scheduled in August 2011 and May 2012.  Correspondence received by the RO in June 2012 but not received by the Board until June and July 2013, indicates that the Veteran requested that his May 2012 hearing before the Board be rescheduled because he was hospitalized for inpatient medical treatment at that time.  The Veteran has submitted copies of medical discharge instructions which support his claim of being hospitalized at the time of the hearing.  Review of the Veteran's requests and supporting documentation reveals that they meet of the requirements of good cause being shown for his failure to appear at the scheduled hearing.  38 C.F.R. § 20.704 (2012).  Accordingly, the claim must be remanded so that the Veteran may be provided the requested hearing.  

Accordingly, the case is remanded for the following action:

The RO must place the Veteran's name on the docket for a hearing at the RO before the Board, according to the date of his request for such a hearing.


No action is required by the Veteran until he receives further notice; however, he may present additional evidence or argument while the case is in remand status at the RO.  Kutscherousky v. West, 12 Vet. App. 369 (1999).



_________________________________________________
JOY A. MCDONALD
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).