Citation Nr: 1323548	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  10-33 311	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUES

1.  Entitlement to service connection for headaches.

2.  Entitlement to service connection for a mental health condition.

3.  Entitlement to service connection for hypertension.

4.  Entitlement to service connection for a back condition.

5.  Entitlement to service connection for traumatic brain injury.

6.  Entitlement to service connection for a bilateral shoulder condition.

7.  Entitlement to service connection for an eye condition.


REPRESENTATION

Appellant represented by:	Disabled American Veterans
ATTORNEY FOR THE BOARD

Bridgid D. Cleary, Counsel


INTRODUCTION

The Veteran served on active duty from August 7, 1980, to September 23, 1980.

This matter has come before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision of the Waco, Texas, Department of Veterans Affairs (VA) Regional Office (RO).

This appeal was processed in part by using the Virtual VA paperless claims processing system.  The documents contained in this system, including the hearing transcript, were reviewed in conjunction with this appeal.  Accordingly, any future consideration of this appellant's case should take into consideration the existence of this electronic record.

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

The Veteran was scheduled for a Travel Board hearing before the undersigned on April 24, 2013.  The Veteran did not report for that hearing.  Shortly thereafter, the Veteran's representative contacted VA to request a rescheduled hearing, noting that the Veteran had missed the hearing due to being hospitalized.  The Board therefore finds good cause for missing the April 2013 hearing and rescheduling is appropriate.  38 C.F.R. § 20.704 (2012).  Hence, the RO must schedule a new hearing on their Travel Board hearing docket.  38 C.F.R. §§ 20.700, 20.704 (2012).


Accordingly, the case is REMANDED for the following action:

The RO should take appropriate steps in order to schedule the Veteran for a Travel Board hearing with a Veterans Law Judge of the Board at the local office in accordance with his request.  The Veteran should be notified in writing of the date, time, and location of the hearing.  After the hearing is conducted, or if the Veteran withdraws the hearing request or fails to report for the scheduled hearing, the claims file should be returned to the Board in accordance with appellate procedures.

The appellant has the right to submit additional evidence and argument on the matter or 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).



_________________________________________________
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 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).