Citation Nr: 1323826	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  10-06 808	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to service connection for an acquired psychiatric disorder, to include psychosis not otherwise specified and/or schizophrenia. 


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Joshua L. Wolinsky, Associate Counsel






INTRODUCTION

The Veteran had active military service from January 2000 to May 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2007 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin.  The Chicago, Illinois, RO, however, retains jurisdiction over this matter.

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

While further delay is regrettable, the Board finds that additional development is required prior to adjudicating the Veteran's claim.  See 38 C.F.R. § 19.9 (2012).  

In the Veteran's substantive appeal of January 2010, he requested a hearing before the Board at a local VA office (Travel Board hearing).  Although he was scheduled for a Travel Board hearing in June 2013, the May 2013 notification of this hearing was sent to the Veteran's prior address of record; the Board notes that, previously, in a February 2013 statement, the Veteran provided a new address.  Most recently, in a July 2013 statement, the Veteran pointed out that his address was not updated and that he was, therefore, unable to attend through no fault of his own.  Such statement communicates the Veteran's continuing desire for a hearing before the Board.  As the appellant has not yet been afforded a meaningful opportunity for a hearing before the Board, and his hearing request has not been withdrawn, a new hearing should be scheduled.  38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 19.75, 19.76, 20.703, 20.704 (2009).  Importantly, notification must be appropriately given to his current address of record.

Accordingly, the case is REMANDED for the following action:


The RO/AMC shall contact the Veteran and schedule him for a Travel Board hearing in accordance with applicable laws and regulations.  Notice of the hearing must be mailed to the Veteran's current address of record, and a copy of the notice to the appellant and his representative of the scheduling of the hearing should be placed in the record.  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 for appellate review.

The Veteran has the right to submit additional evidence and argument on the matter 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. 2013).



_________________________________________________
K. GIELOW
Acting 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).