Citation Nr: 1323372	
Decision Date: 07/23/13    Archive Date: 08/01/13

DOCKET NO.  10-35 866	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUES

1.  Entitlement to service connection for hearing loss.

2.  Entitlement to service connection for posttraumatic stress disorder (PTSD).


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Andrew Mack, Counsel



INTRODUCTION

The Veteran had honorable active duty service from August 1979 to April 1983. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.

The appeal is REMANDED to the RO.  VA will notify the Veteran if further action is required.


REMAND

The Veteran was scheduled for a Board hearing at the RO in May 2013.  Two days prior to the scheduled hearing, the Veteran's representative contacted the RO and requested that the Veteran be rescheduled for a videoconference hearing on a later date due to transportation issues.  In May 2013, the undersigned Veterans Law Judge determined that good cause had been shown for the Veteran's failure to appear at the scheduled May 2013 hearing, in accordance with 38 C.F.R. § 20.704.  Therefore, the appeal should be remanded to afford the Veteran a Board videoconference hearing as he has requested.

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a Board videoconference hearing, as appropriate, in the order that the request for a hearing was received.  After the hearing, the claims file should be returned to the Board in accordance with current appellate procedures.


The Veteran has 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).



_________________________________________________
MICHELLE L. KANE
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).