Citation Nr: 1323123	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  12-04 871	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) 
in Houston, Texas


THE ISSUES

1.  Entitlement to recognition as the Veteran's surviving spouse.

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


REPRESENTATION

D.B.S. represented by:	Disabled American Veterans


WITNESSES AT HEARINGS ON APPEAL

B.A.P.S. and D.B.S.
ATTORNEY FOR THE BOARD

Matthew Blackwelder, Counsel


INTRODUCTION

The Veteran had active military service from April 1968 to December 1969.  He passed away April [redacted], 2010.  

This appeal comes to the Board of Veterans' Appeals (Board) from a July 2010 rating decision. 

Please note this 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).

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellants if further action is required.


REMAND

This appeal arises out of separate claims from two appellants who are each seeking recognition as the deceased Veteran's surviving spouse for VA purposes.

In October 2012, B.A.P.S. and D.B.S each testified at separate Travel Board hearings held at the RO before the undersigned Veterans Law Judge.  Unfortunately, while VA's Digital Audio Recording System (DARS) successfully recorded the hearing of B.A.S. (and a transcript of that hearing is of record), DARS did not properly record the hearing of D.B.P.S.   

The Board greatly regrets this development, and in May 2013, the Board sent D.B.S. a letter informing her that if she wished to testify at another hearing, one would be scheduled.  She was provided with the types of hearings that were available to her, to which she responded that she would like to appear at a video conference hearing.  As such, one should be promptly scheduled.

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

Schedule D.B.S. for a Video Conference hearing.  She and her representative should be notified of the date and time of the hearing, as appropriate.  To avoid delay, the hearing should be held with the undersigned, John J. Crowley, if possible.   
 
The appellants have 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.  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).

_________________________________________________
JOHN J. CROWLEY 
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).