Citation Nr: 1329404 Decision Date: 09/13/13 Archive Date: 09/20/13 DOCKET NO. 11-05 647 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUE Entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund (FVECF). WITNESS AT HEARING ON APPEAL The Appellant ATTORNEY FOR THE BOARD Dan Brook, Counsel INTRODUCTION This appeal to the Board of Veterans' Appeals (Board/BVA) is from a March 2010 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines, which denied this claim for entitlement to a one-time payment from the FVECF on the basis that the appellant did not have recognized service in the U.S. Armed Forces. In May 2013, in support of his claim, the appellant testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board. The Board has advanced this appeal on the docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). The claim requires further development before being decided, however, so the Board is remanding the claim to the RO via the Appeals Management Center (AMC) in Washington, DC. REMAND This claim was most recently readjudicated and denied in a November 2010 statement of the case (SOC). In June 2012, a response to a request for reverification of the appellant's service was received from the National Personnel Records Center (NPRC) indicating that no change was warranted in the previous determination that "the appellant had no service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces." It appears that, in October 2012, the RO sent an updated request to the NPRC, asking for reverification of the appellant's service based on a variation in the assigned unit in which he may have served and his date of entry into service. It does not appear that a response to this request for reverification was received, however. If this NPRC reverification were to show the appellant had recognized service in the U.S. Armed Forces during World War II, it would provide a basis for granting his claim. But conversely, if not, this obviously will result in the continued denial of his claim. Consequently, a remand is necessary so the NPRC's response can be associated with the claims file, if it is available. If the response is unavailable or if review of the evidence received subsequent to the October 2012 request otherwise reveals that a new request for reverification to NPRC is necessary, a new request should be made and the response associated with the claims file so it may be considered in deciding this appeal. Accordingly, the claim is REMANDED for the following additional development and consideration: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. Associate with the claims file the NPRC's response to the RO's October 2012 request for reverification of the appellant's service. If the response is unobtainable or if review of the evidence received since the October 2012 request indicates a new request for reverification is necessary, then submit the new request to NPRC and associate the response with the claims file for consideration in this appeal. 2. Then readjudicate the claim. If the claim remains denied, provide the appellant a supplemental SOC (SSOC) and give him opportunity to respond to it. Then return the file to the Board for further appellate consideration of the claim. The appellant has the right to submit additional evidence and argument concerning this claim the Board is remanding. 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). _________________________________________________ Keith W. Allen 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).