Citation Nr: 1323450	
Decision Date: 07/23/13    Archive Date: 08/01/13

DOCKET NO.  09-18 640	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico


THE ISSUES

1.  Entitlement to service connection for peptic ulcer disease.

2.  Entitlement to service connection for a psychiatric disorder to include major depressive disorder and anxiety disorder. 

3.  Entitlement to service connection for a bilateral leg disability.


REPRESENTATION

Appellant represented by:	Veterans of Foreign Wars of the United States


ATTORNEY FOR THE BOARD

G. Slovick, Associate Counsel


INTRODUCTION

The Appellant served on active duty from February 1978 to July 1978.  

This matter was before the Board of Veterans' Appeals (Board) on appeal of a rating decision in October 2008 of a Department of Veterans Affairs (VA) Regional Office (RO).

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  


REMAND

In its remand in January 2013, the Board referred the claim of service connection for a back disability to an Agency of Original Jurisdiction for further development and deferred a decision on the claims currently on appeal until the claim of service connection for a back disability was finally adjudicated. 

In February 2013, the Agency of Original Jurisdiction in Washington, DC, (DC) provided the Appellant notice of the Veteran Claims Assistance Act (VCAA) for developing the claim of service connection for a back disability.

In March 2013, the Agency of Original Jurisdiction in DC issued a supplemental statement of the case, addressing the claim of service connection for a back disability.  In April 2013, the Agency of Original Jurisdiction in DC determined that the claim required action by the local VA Regional Office in San Juan.  In April 2013, the Appellant's file was forwarded to the Board and not to the VA Regional Office in San Juan.  In May 2013, the Appellant waived the right to have any additional evidence considered by the RO and waived the right to wait 30 days before certifying the appeal to the Board.  




In June 2013, the Appellant's  representative argued that there was a due process defect in the development of the claim of service connection for a back disability, citing 38 C.F.R. § 19.31(a).   

As the claim of service connection for a back disability was addressed in the supplemental statement of the case in March 2013 and as the supplemental statement of the case cannot serve to announce a decision on a claim that was not previously addressed in the statement of the case, 38 C.F.R. § 19.31(a), and as there is confusion as to whether the claim should have been forwarded to the VA Regional Office in San Juan, rather than the Board, the case is REMANDED for the following action.

1.  The Agency of Original Jurisdiction in DC should determine whether further action on the claim of service connection for a back disability by the VA Regional Office in San Juan is needed, and, if so, forward the Appellant's file to the San Juan VA Regional Office. 

2.  Whether the claim of service connection for a back disability is adjudicated by the Agency of Original Jurisdiction in DC or by the VA Regional Office in San Juan:

i).  Prepare a rating decision.  

ii).  If the benefit is granted, adjudicate the pending claims of service connection on the theory of secondary service connection.  If any benefit sought remains denied, furnish a supplemental statement of the case on the pending claims and return the case to the Board. 


iii).  If benefit is denied, then provide the Appellant and his representative notice of the rating decision and of appellate rights.  If the Appellant files a notice of disagreement, then furnish the Appellant and his representative a statement of the case and instructions for filing a substantive appeal.  If the appeal is perfected on the claim of service connection for a back disability, return the case to the Board. 

The Appellant has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

The claims 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).



_________________________________________________
George E. Guido Jr.
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).