Citation Nr: 1323164	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  08-24 132	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Petersburg, Florida


THE ISSUES

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

2.  Entitlement to service connection for bilateral hip disorders.

3.  Entitlement to service connection for carpal tunnel syndrome of the left wrist.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

Appellant



ATTORNEY FOR THE BOARD

S. M. Marcus, Counsel


INTRODUCTION

The Veteran served on active duty from December 1985 to March 2006.  This case comes before the Board of Veterans' Appeals (Board) on appeal from April 2007 (low back and hips) and May 2007 (left wrist) rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

By a decision dated in July 2011, the Board denied the Veteran's claims seeking entitlement to service connection for a low back disorder and bilateral hip disorders.  With regard to the low back and bilateral hips, the Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court), and based on a December 2012 Memorandum Decision, the Court has set-aside the Board's prior denial and ordered the case to be remanded to the Board.

The July 2011 Board decision also remanded the left wrist claim for further development.  The development having been completed, the issue now returns to the Board for further consideration.

The appeal is remanded to the RO.  


REMAND

The Veteran has a right to request a hearing before the issuance of a Board decision.  Bernard v. Brown, 4 Vet. App. 384, 393 (1993) (citing 38 U.S.C.A. § 7104(a) (West 1991)); 38 C.F.R. § 20.704 (2012).

The Veteran was afforded a hearing before the Board in July 2009.  In January 2013, VA notified the Veteran that the Veterans' Law Judge who conducted that hearing was no longer employed by the Board.  The Veteran was asked if she wanted another hearing.  

The law requires that the Veterans' Law Judge who conducts a hearing on an appeal must participate in any decision made on that appeal.  38 U.S.C.A. § 7107(c) (West 2002); 38 C.F.R. § 20.707 (2012).  If that person is no longer available, the Chairman of the Board has the authority to reassign the appeal to another Veterans' Law Judge for a decision.  The Veteran, however, has the right to another Board hearing.  See 38 C.F.R. § 20.707.  

In February 2013, the Veteran requested a new hearing before the Board at the RO.  To date, she has not been afforded a new hearing.  There is no indication in the evidence of record that the Veteran withdrew this request.  The RO must schedule the Veteran for a hearing before the Board at the RO as requested.

Accordingly, the case is remanded for the following action:

The Veteran must be scheduled for a hearing before the Board at the RO for the issues of entitlement to service connection for a low back disorder, bilateral hip disorders, and left wrist carpal tunnel syndrome.

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).