Citation Nr: 1322591	
Decision Date: 07/16/13    Archive Date: 07/24/13

DOCKET NO.  11-25 711	)	DATE
	)
	)

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


THE ISSUE

Entitlement to service connection for an acquired psychiatric disability.  


REPRESENTATION

Appellant represented by:	Evelyn D. Beacham, Attorney


ATTORNEY FOR THE BOARD

Saira Spicknall, Counsel



INTRODUCTION

The Appellant served on a period of active duty for training (ACDUTRA) from February 1993 to June 1993.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2009 rating decision of the Atlanta, Georgia Department of Veterans Affairs (VA) Regional Office (RO), located in Decatur, Georgia.

A review of the Virtual VA paperless claims processing system reflects that additional records have not been added to the present appeal.  

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

In the current case, the Appellant submitted a request for a Travel Board hearing before a member of the Board in her September 2011 VA form 9, in a December 2012 statement and in a May 2013 telephone contact.  The record reflects that, to date, a hearing has not been scheduled.  The Appellant is entitled to a hearing before the Board as a matter of right.  38 C.F.R. §§ 3.103(c)(1); 20.700(a) (2012).  Under the circumstances, the Board has no discretion and the case must be remanded to afford the Appellant the opportunity to testify at the requested video conference hearing.  See id.  Notice of the scheduled hearing should then be sent to the Appellant's latest address of record. 

Accordingly, the case is REMANDED for the following action:

1.  Schedule the Appellant for a Travel Board hearing at the RO, for the matter on appeal, before a Veterans Law Judge at the earliest opportunity.  Notify the Appellant of the date, time, and location of this hearing at her latest address of record.  The notification must also inform the Appellant that any further extension of time for appearance at a hearing will be granted only for good cause and that she must inform VA, in writing, of that cause.  Place a copy of the notification letter in the claims file.  

2.  After the hearing, if held, a transcript of the proceedings must be associated with the claims file.  

3.  If, for any reason, the Appellant withdraws her request for the hearing or does not appear on the date scheduled, the RO or AMC must document any such occurrence in the claims file.  

The Appellant has the right to submit additional evidence and argument on the matter or matters 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).



_________________________________________________
KELLI A. KORDICH
Acting 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).