Citation Nr: 1323385	
Decision Date: 07/23/13    Archive Date: 08/01/13

DOCKET NO.  10-10 032	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Los Angeles, California


THE ISSUES

1. Entitlement to an initial increased rating for lumbar sprain, spondylosis and a herniated disc in excess of 10 percent disabling.  

2. Entitlement to an initial increased rating for sciatica of the left lower extremity in excess of 10 percent disabling.  


REPRESENTATION

Appellant represented by:	California Department of Veterans Affairs


ATTORNEY FOR THE BOARD

Emily L. Tamlyn, Counsel



INTRODUCTION
The Veteran served on active military duty from June 2002 to October 2002, with further service in the Army National Guard.  

The issues come before the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating action of the Department of Veterans Affairs Regional Office (RO) in San Diego, California.  In that decision the RO granted claims for service connection for lumbar sprain, spondylosis and a herniated disc and for left lower extremity sciatica.  

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

On his January 2010 VA Form 9, the Veteran indicated that he wanted a Board hearing at a local office.  There is no indication that the Veteran was afforded a hearing before the Board or that he withdrew his hearing request.  Pursuant to 38 C.F.R. § 20.700 (2012), a hearing on appeal will be granted if an appellant, or an appellant's representative acting on his or her behalf, expresses a desire to appear in person.  The Board shall decide an appeal only after affording the appellant an opportunity for a hearing.  38 U.S.C.A. § 7107(b) (West 2002).  

Additionally, although in May 2009 the Veteran disagreed with both listed issues in his notice of disagreement, the December 2009 statement of the case (SOC) has not been issued addressing the initial increased rating for left lower extremity sciatica.  The Board is required to remand the appeal to the agency of original jurisdiction (AOJ) for the issuance of such a statement of the case.  Manlincon v. West, 12 Vet. App. 238 (1999).  




Accordingly, the case is REMANDED for the following action:

1. Issue a SOC to the Veteran and his representative with regard to the claim for an initial increased rating for sciatica of the left lower extremity in excess of 10 percent disabling.  The issue should not be certified to the Board unless a sufficient substantive appeal is received.  

2. Schedule the Veteran for a Travel Board hearing at the RO before a Veterans Law Judge.  In doing so, the RO should advise the Veteran, at his latest address of record, of the hearing location, date and time.  

The appellant 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 (Court) 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).  



_________________________________________________
KATHLEEN K. GALLAGHER
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court.  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).