Citation Nr: 0000412 Decision Date: 01/06/00 Archive Date: 01/11/00 DOCKET NO. 98-19 437 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE 1. Whether the 50 percent disability evaluation assigned for post traumatic stress disorder is appropriate. 2. Entitlement to service connection for a left knee disability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. J. Bohanan, Counsel REMAND The appellant had active duty from October 1966 to September 1969. This appeal arises from June 1998, Department of Veterans Affairs Regional Office (VARO), St. Petersburg, Florida rating decision which granted entitlement to service connection for post traumatic stress disorder and assigned a 10 percent disability rating from April 1997. The RO thereafter increased the appellant's disability rating from 10 to 50 percent disabling from April 1997 in a November 1998 rating decision. The Board notes that the appellant indicated, in his November 1998 substantive appeal, that he desired a hearing at the regional office before a Member of the Board. He subsequently revised his request in June 1999, and indicated that he preferred a video-conference hearing before a Member of the Board at the regional office. A hearing on appeal will be granted if the appellant or the appellant's representative expresses a desire to appear in person. 38 C.F.R. §§ 20.700(a) (1999). Accordingly, in order to ensure due process of law and to afford the appellant every equitable consideration, the case is remanded so that he may be afforded an opportunity to appear at a video-conference hearing before a Member of the Board. The Board also notes that the appellant expressed disagreement with the RO's denial of his claim for entitlement to service connection for a left knee disability and requested a hearing on this issue in an August 1999 letter. Subsequently, the case was certified to the Board. In such cases, there is some authority that the appellate process has commenced and that the veteran is entitled to a statement of the case on the issue. See Pond v. West, No. 97-1780 (U.S. Vet. App. Apr. 21, 1999); Manlicon v. West, 12 Vet. App. 238 (1999). Accordingly, while the Board does not have jurisdiction to decide the issue on the merits under the aforementioned guidance, the issue is to be remanded to the RO for additional action. The appellant's claim is remanded for the following actions: 1. The appellant should be scheduled for a video-conference hearing before a Member of the Board at the regional office. 2. The appellant and his representative should be notified of the date, time and location of the hearing, and a copy of the notification should be placed in the claims folder. 3. The RO should, in accordance with applicable procedures, consider any evidence obtained since the notice of disagreement, and as appropriate issue a Statement of the Case on the issue of entitlement to service connection for a left knee disability. With the promulgation of the Statement of the Case, the RO should inform the appellant that to complete the appellate process he should complete a timely substantive appeal and forward it to the RO. Pending completion of the foregoing, the Board intimates no opinion as to the outcome of this claim, and no further action is required of the veteran until he is further informed. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. 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 The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. NANCY I. PHILLIPS Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), 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) (1999).