Citation Nr: 1323753	
Decision Date: 07/25/13    Archive Date: 08/06/13

DOCKET NO.  12-25 925	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Medical Center in Gainesville, Florida


THE ISSUES

1.  Entitlement to payment or reimbursement of unauthorized private medical expenses incurred on March 22, 2012.

2.  Entitlement to payment or reimbursement of unauthorized private medical expenses incurred on May 17, 2012.


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

S. M. Kreitlow



INTRODUCTION

The Veteran had active military service from June 1963 to September 1967.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from decisions issued by the Department of Veterans Affairs (VA) Medical Center in Gainesville, Florida, that denied payment or reimbursement of unauthorized private medical expenses incurred on March 22, 2012 and May 17, 2012.

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


REMAND

On his VA Form 9's submitted in June 2012 and August 2012, the Veteran requested a hearing on the appealed issues before a Veterans Law Judge sitting at the RO.  In view of the pending hearing request in this matter, the Board must remand the case to ensure that the Veteran is afforded all due process of law.  

Accordingly, this case is REMANDED for the following development:

1.  The RO should schedule the Veteran for a Travel Board Hearing in accordance with applicable procedures.  The Veteran and his representative should be provided with notice as to the time and place to report for said hearing.

2.  Thereafter, the case should be returned to the Board for further appellate consideration.  The purpose of this remand is to ensure due process of law.  By this remand, the Board intimates no opinion, legal or factual, as to the ultimate disposition of this case.


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).

These claims must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board 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).



_________________________________________________
MICHAEL MARTIN
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 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).