Citation Nr: 1328352 Decision Date: 09/05/13 Archive Date: 09/16/13 DOCKET NO. 13-03 202 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Togus, Maine THE ISSUES 1. Entitlement to a higher rating for service-connected coronary artery disease (ischemic heart disease), status post myocardial infarction and coronary bypass surgery, currently evaluated as 30 percent disabling from January 1, 1984 to September 2, 2002, and 60 percent disabling beginning November 1, 2003. 2. Entitlement to a higher rating for service-connected diabetes mellitus, Type II with erectile dysfunction, currently evaluated as 20 percent disabling. 3. Entitlement to a higher rating for service-connected peripheral neuropathy of the right upper extremity (dominant), currently evaluated as 10 percent disabling. 4. Entitlement to a higher rating for service-connected peripheral neuropathy of the left upper extremity, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Tanya A. Smith, Counsel INTRODUCTION The Veteran served on active duty from May 1963 to November 1967 and July 1976 to July 1981. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Togus, Maine. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND In a statement received by the RO in February 2013, the Veteran requested a "personal hearing at the Togus [RO]" and maintained that he had previously requested "a hearing at the local level" on VA Form 9 dated January 31, 2013. The Board's review of the January 2013 VA Form 9 shows that the Veteran declined a "BVA hearing." After the February 15, 2013 RO notice that the Veteran's appeal was certified to the Board and that the Veteran had 90 days within which to request a Board hearing, the Veteran's representative indicated that the Veteran wanted his "file . . . sent back for local decision review officer hearing to discuss all issues on appeal." See Disabled American Veterans' letter received by the RO on February 28, 2013. Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim subject to the limitations described in 38 C.F.R. § 20.1304 with respect to hearings in claims which have been certified to the Board for appellate review. 38 C.F.R. § 3.104 (2012). An appellant and his or her representative, if any, will be granted a period of 90 days following the mailing of notice to them that an appeal has been certified to the Board for appellate review and that the appellate record has been transferred to the Board, or until the date the appellate decision is promulgated by the Board, whichever comes first, during which they may submit a request for a personal hearing, additional evidence, or a request for a change in representation. 38 C.F.R. § 20.1304 (2012). The Veteran appears to have requested a DRO hearing and this request occurred within 90 days of the notification of certification and transfer of records. Accordingly, this case must be remanded to the RO to satisfy the hearing request. In addition, the RO should obtain clarification from the Veteran on whether he also desires a Travel Board hearing at the RO. Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a local hearing before a Decision Review Officer of the RO in Togus, Maine. A copy of the notice to the Veteran of the scheduling of such hearing should be placed in the record. 2. Ask the Veteran to clarify whether he wants to have a Travel Board hearing before a Veterans Law Judge at the RO. If yes, then the Veteran should be scheduled for such hearing at the next available opportunity. A copy of the notice to the Veteran of the scheduling of such hearing should be placed in the record. 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). _________________________________________________ K. OSBORNE 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).