Citation Nr: 1324177	
Decision Date: 07/30/13    Archive Date: 08/07/13

DOCKET NO.  12-14 468A	)	DATE
	)
	)

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


THE ISSUES

1.  Whether new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral pes planus with hallux valgus.

2.  Whether new and material evidence has been received to reopen the claim of entitlement to service connection for bronchial asthma.


REPRESENTATION

Appellant represented by:	Military Order of the Purple Heart of the U.S.A.


ATTORNEY FOR THE BOARD

Siobhan Brogdon, Counsel



INTRODUCTION

The Veteran served on active duty from January 1972 to July 1973.

This appeal comes before the Department of Veterans Affairs (VA) Board of Veterans' Appeals (Board) from a rating decision of the VA Regional Office (RO) in Chicago, Illinois.

Following review of the 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 asserts that he has bilateral pes planus with hallux valgus and asthma that are of service onset for which service connection should be granted. 

Review of the record discloses that in the substantive appeal dated in June 2012, the appellant requested a Travel Board hearing at a local VA office.  The hearing was scheduled for March 21, 2013.  The record reflects, however, that in February 2013, his Representative cancelled the March 2013 hearing citing a scheduling conflict.  It was requested that the hearing be rescheduled but this has not been done to date.  This matter must be addressed prior to further consideration and adjudication of the claims on appeal.  Therefore, the RO must schedule the Veteran for a Travel Board hearing. See 38 U.S.C.A. § 7107 (West 2002 & West 2012); 38 C.F.R. § 20.703, 20.704 (2012).

Accordingly, the case is REMANDED for the following action:

Schedule the Veteran for a Travel Board hearing at the RO in accordance with applicable procedures.  Inform the appellant that if he subsequently decides he does not want a hearing, he should withdraw the hearing request in writing to the RO.  Thereafter return the case to the Board.

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).


_________________________________________________
MICHAEL D. LYON
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).