Citation Nr: 0000985 Decision Date: 01/12/00 Archive Date: 01/27/00 DOCKET NO. 97-13 530A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to an original evaluation for degenerative arthritis of the left knee in excess of 10 percent. 2. Entitlement to an original evaluation in excess of 10 percent for additional disability of the left knee. 3. Entitlement to an evaluation in excess of 10 percent for residuals of a medial meniscectomy of the right knee. 4. Entitlement to an effective date earlier than April 30, 1996, for the grant of service connection for a left knee disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States REMAND The veteran had active service from May 1953 to July 1956. This appeal arises from a December 1996 rating decision in which the Los Angeles, California, Department of Veterans Affairs (VA) regional office (RO) granted service connection for degenerative arthritis of the left knee, evaluated as noncompensable. The grant of service connection was effective September 4, 1996. During the course of the appeal, the RO granted a 10 percent evaluation for degenerative arthritis and also granted a separate 10 percent evaluation for disability of the left knee evaluated under the provisions of 38 C.F.R. § 4.71a, Diagnostic Code 5257. These actions were made effective September 4, 1996. The veteran has continued to express disagreement with these evaluations and has also perfected appeals with regard to the issues of entitlement to an increased rating for a right knee disability and entitlement to an earlier effective date for the grant of service connection and the evaluations for the left knee disability. REMAND In his April 1997, VA Form 9, Appeal to Board of Veterans' Appeals, the veteran indicated that he desired a personal hearing before a Board Member at the RO. In a VA Form 9, dated in April 1999, the veteran again requested such a hearing. In May 1999, he indicated that he was withdrawing his request for a hearing before a Member of the Board, and instead wanted a hearing before a hearing officer at the RO. He was scheduled for such a hearing in July 1999, but reported that he was unable to attend the hearing due to car problems. He requested that his hearing be rescheduled. In response to a request from the Board for clarification, the veteran indicated in December 1999, that he desired a hearing before a Member of the Board at the RO. He has not yet been afforded such a hearing. Accordingly, this case must be REMANDED for the following: The RO should, in accordance with all applicable laws and regulations, afford the veteran the opportunity for a hearing before a Member of the Board at the RO. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. 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. Mark D. Hindin 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).