Citation Nr: 1323919	
Decision Date: 07/26/13    Archive Date: 08/06/13	

DOCKET NO.  07-13 037	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Boston, Massachusetts


THE ISSUE

Entitlement to service connection for major depressive disorder.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

The Appellant


ATTORNEY FOR THE BOARD

Stephen F. Sylvester, Counsel


INTRODUCTION

The Veteran served on active duty from November 1969 to October 1971.

This case comes before the Board of Veterans' Appeals (Board) on appeal of a January 2006 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.  Jurisdiction of the case has since been transferred to the RO in Boston, Massachusetts.

This case was previously before the Board in April 2012, at which time it was remanded for additional development.  The case is now, once more, before the Board for appellate review.

Finally, for reasons which will become apparent, this appeal is once again being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C.  VA will notify you if further action is required on your part.


REMAND

A review of the record in this case discloses that, in October 2009, the Veteran was afforded a hearing before a Veterans Law Judge sitting at the RO in Boston, Massachusetts.  A transcript of that hearing has been made a part of the Veteran's claims folder. 

In correspondence of May 2013, the Veteran was informed that the Veterans Law Judge who had conducted his October 2009 hearing had been designated to serve as the Acting Chairman of the Board pursuant to the provisions of 38 U.S.C.A. § 3345 (West 2002).  The Veteran was further informed that, as the Board's Acting Chairman, that Veterans Law Judge was no longer available to consider his appeal as an individual Member of the Board.  Finally, the Veteran was advised that, inasmuch as he had a right to a hearing before the Veterans Law Judge who would adjudicate his appeal, he was being offered the opportunity to testify at another 


hearing before reassigning his case to a different Veterans Law Judge.  Significantly, in correspondence of June 2013, the Veteran indicated that he did, in fact, wish to appear at a hearing at his local RO before the Veterans Law Judge who would decide his appeal.

Pursuant to 38 C.F.R. § 20.700 (2012), a hearing on appeal will be granted to an appellant who requests a hearing and is willing to appear in person.  See also 38 U.S.C.A. § 7107 (West 2002) (pertaining specifically to hearings before the Board).  Inasmuch as the RO schedules Travel Board hearings, and the Veteran has opted for an additional hearing, a remand of this matter to the RO is in order.

Accordingly, the case is once again REMANDED to the AMC/RO for the following action:

The AMC/RO should take appropriate action to schedule the Veteran for a hearing before a traveling Veterans Law Judge at the RO located in Boston, Massachusetts.  A copy of the letter scheduling the Veteran for that hearing, along with a transcript of the hearing, should be included in the claims folder. 

Following completion of the above action, the Veteran's claims folder, if in order, should be returned to the Board for further appellate review.

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).



	                  _________________________________________________
	DEREK R. BROWN
	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).