Citation Nr: 1829921 Decision Date: 10/25/18 Archive Date: 11/08/18 DOCKET NO. 15-31 772 ) DATE ) On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUES 1. Whether vacatur is warranted for the August 2018 Board of Veterans' Appeals decision that denied entitlement to service connection for hypertension. 2. Whether vacatur is warranted for the August 2018 Board of Veterans' Appeals decision that denied entitlement to service connection for diabetes mellitus, type II. 3. Whether vacatur is warranted for the August 2018 Board of Veterans' Appeals decision that denied entitlement to service connection for post traumatic stress disorder (PTSD). REPRESENTATION Veteran represented by: Vietnam Veterans of America ATTORNEY FOR THE BOARD K. Kardian INTRODUCTION The Veteran served on active duty in the U.S. Marine Corps from October 1966 to September 1969 with service in the Republic of Vietnam. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. In November 2015 correspondence the Veteran requested a video conference hearing. In March 2018 and again in April 2018 VA informed the Veteran of his scheduled April 20, 2018 video conference hearing. In April 2018 correspondence the Veteran's representative requested rescheduling of the April 2018 video conference hearing due to a conflict with the Veteran's ongoing medical treatment. The Board issued a decision in August 2018 denying entitlement to service connection for hypertension, diabetes mellitus, type II and PTSD. For the reasons discussed below, the Board is vacating its August 2018 decision, for another video conference hearing to be scheduled. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). FINDINGS OF FACT 1. In August 2018, the Board issued a decision denying entitlement to service connection for hypertension, service connection for diabetes mellitus, type II and service connection for PTSD. 2. The Veteran submitted a request to reschedule the April 2018 hearing due to ongoing medical treatment in August 2018 and such was not considered by the Board in its August 2018 decision. CONCLSUION OF LAW The criteria for vacating the Board decision issued in August 2018 that denied entitlement to service connection for hypertension, service connection for diabetes mellitus, type II and service connection for PTSD have been met. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. ORDER TO VACATE The Board of Veterans' Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. The Board is vacating the August 2018 decision, as the Veteran requested rescheduling of his April 2018 video conference hearing. The Veteran provided late notification of ongoing medical issues preventing his attendance at the April 2018 video conference hearing. The Veteran through his representative in August 2018 correspondence requested that the April 2018 hearing be rescheduled due to ongoing medical complications. Thus in light of the Veteran's correspondence requesting a rescheduling of the hearing for a valid reason the Board finds the August 2018 decision that denied entitlement to service connection for hypertension, diabetes mellitus, type II and PTSD is vacated. The Board will forward the case for scheduling of another video conference hearing. Accordingly, the August 2018 Board decision addressing the issues of entitlement to service connection for hypertension, service connection for diabetes mellitus, type II and service connection for PTSD is vacated. ORDER The August 2018 Board decision denying service connection for hypertension, service connection for diabetes mellitus, type II and service connection for PTSD is vacated. ____________________________________________ J. W. FRANCIS Veterans Law Judge, Board of Veterans' Appeals