Citation Nr: 1328411 Decision Date: 09/05/13 Archive Date: 09/16/13 DOCKET NO. 09-46 716 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Salt Lake City, Utah THE ISSUE Entitlement to service connection for gastroesophageal reflux disease (GERD), to include as secondary to service- connected sleep apnea. REPRESENTATION Veteran represented by: Joel Ban, Attorney WITNESS AT HEARING ON APPEAL The Veteran ATTORNEY FOR THE BOARD Saira Spicknall, Counsel INTRODUCTION The Veteran served on active duty from August 1987 to December 1998. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2009 rating decision of the Montgomery, Alabama Department of Veterans Affairs (VA) Regional Office (RO). This case has since been transferred to the Salt Lake City, Utah RO. The Veteran testified at a hearing at the RO before a Veterans Law Judge of the Board (Travel Board hearing) in March 2010. A transcript of that hearing has been associated with the claims file. The Veterans Law Judge who conducted this hearing is no longer at the Board. In August 2010, the Board remanded the claim on appeal for additional development. In August 2010, the Board also granted an increased 10 percent rating for service-connected migraine headaches, but denied any higher rating, and remanded the issue of service connection for sleep apnea. The Veteran appealed the Board's decision denying an initial disability rating in excess of 10 percent for migraine headaches to the United States Court of Appeals for Veterans Claims (Court), which, by a January 2011 Order, granted a Joint Motion for Remand and remanded the claim to the Board for compliance with the Joint Motion. In August 2011, the Board remanded the claim for an initial disability rating in excess of 10 percent for migraine headaches for further development. In a May 2012 rating decision, the RO granted service connection for sleep apnea, thereby constituting a full grant of the benefits sought on appeal. The RO also awarded an initial disability rating of 30 percent for migraine headaches, effective January 7, 2008. In a June 2012 statement, the Veteran through counsel indicated satisfaction as to the ratings for sleep apnea and migraines. Therefore, the matters regarding sleep apnea and migraine headaches are no longer in appellate consideration. A review of the Virtual VA paperless claims processing system reflects that additional records have not been added to the present appeal. 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 testified at a Travel Board hearing in March 2010; however, the Veterans Law Judge who presided over the hearing is no longer at the Board. In a July 2013 letter, the Veteran was notified of this matter and the letter also notified the Veteran of the opportunity to testify at another hearing. See July 2013 notice letter; 38 C.F.R. § 20.717 (2012). In an August 2013 letter, the Veteran, through his attorney, submitted a request for a new hearing, via video conference, before a member of the Board. Accordingly, the case is REMANDED for the following action: 1. Schedule the Veteran for a video conference hearing at the RO, for the matters on appeal, before a Veterans Law Judge at the earliest opportunity. Notify the Veteran of the date, time, and location of this hearing at his latest address of record. The notification must also inform the Veteran that any further extension of time for appearance at a hearing will be granted only for good cause and that he must inform VA, in writing, of that cause. Place a copy of the notification letter in the claims file. 2. After the hearing, if held, a transcript of the proceedings must be associated with the claims file. 3. If, for any reason, the Veteran withdraws his request for the hearing or does not appear on the date scheduled, the RO or AMC must document any such occurrence in the claims file. 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). _________________________________________________ Vito A. Clementi 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).