Citation Nr: 0002115 Decision Date: 01/27/00 Archive Date: 02/02/00 DOCKET NO. 99-15-703 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for memory loss and posttraumatic stress disorder. 2. Entitlement to service connection for Gulf War Syndrome. 3. Entitlement to service connection for a left knee disorder and hemarthrosis. 4. Entitlement to service connection for a skin disorder, including seborrheic dermatitis. 5. Entitlement to service connection for hypertension. 6. Entitlement to service connection for disorders of the liver, blood and blood vessels to include abnormal liver tests. 7. Entitlement to service connection for subarachnoid hemorrhage. REPRESENTATION Appellant represented by: The American Legion INTRODUCTION The veteran served on active duty from November 1990 to May 1991. This matter came before the Board of Veterans' Appeals (BVA) on appeal from a rating decision of the Department of Veterans Affairs (VA) in Montgomery, Alabama (RO), which denied the claims listed on the front page. REMAND In his formal substantive statement on appeal the veteran indicated that he wanted a personal hearing at the RO before a member of the BVA. In a subsequent statement submitted in November 1999, the veteran's local representative informed the RO that the veteran's contentions would be presented during testimony to be given at a local hearing before the BVA. Later in November 1999, the veteran was informed by the RO that if he had requested to appear at a hearing before the BVA, he would be provided further information by separate letter. The veteran's appeal has been certified to the BVA for disposition, but the hearing before a member of the BVA traveling to the RO has not been scheduled, and it does not appear that the veteran's request has been withdrawn. In order to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following action: The RO should schedule the veteran for a hearing to be conducted by the next member of the BVA traveling to the RO. The RO should then notify the veteran of the date, time and place of such a hearing by letter mailed to his current address of record. Thereafter, the case should be returned to the BVA, if in order. The purpose of this REMAND is to comply with due process requirements. The appellant has the right to submit additional evidence and argument on the matter or matters that the BVA has remanded to the RO. 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. JOAQUIN AGUAYO-PERELES 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).