Citation Nr: 0003472 Decision Date: 02/10/00 Archive Date: 02/15/00 DOCKET NO. 98-04 839 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUE Entitlement to a program of vocational rehabilitation services in accordance with the provisions of Chapter 31, Title 38, United States Code (Chapter 31 benefits). REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD G. Strommen, Associate Counsel INTRODUCTION The veteran served on active duty from February 1982 to June 1995. This case comes before the Board of Veterans' Appeals (Board) from a letter decision promulgated by the Winston-Salem, North Carolina, Regional Office (RO) of the Department of Veterans Affairs (VA) in which the veteran's claim of entitlement to Vocational Rehabilitation Benefits was denied. The veteran subsequently perfected an appeal of that decision. REMAND After a review of the record, it is the opinion of the Board that additional development of the evidence should be accomplished prior to further consideration of the veteran's claim. The veteran's application for Vocational Rehabilitation Benefits was denied on the basis that his current full time employment as a Flat Sorter Operator by the United States Post Office, a job he has held since June 1996, sufficiently overcame any impairment to his employability presented by his service-connected anxiety disorder. This information was contained in the veteran's application and in other documentation in the claims file. However, in his March 1998 Substantive Appeal, the veteran stated that his job at the post office was temporary and part time. Accordingly, because evidence of his current job status is probative of the veteran's claim, the Board finds that confirmation of the veteran's job situation is necessary. Therefore, the Board remands this claim so that the veteran can provide evidence from his employer regarding his current job status with the United States Post Office. To facilitate this process, he can submit written authorization to the RO allowing them to contact his employer and obtain the pertinent information regarding his job status as permanent, full time, part time, and evaluations of his performance or if he prefers he can obtain this information from his employer directly and submit it to the RO. 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). While the Board regrets the delay involved in remanding this case, under the circumstances discussed above, the case is simply not ready for appellate review. To ensure due process, and to ensure that the VA has met its duty to assist the veteran in developing the facts pertinent to his appeal, the case is REMANDED to the RO for the following development: 1. The RO should notify the veteran that if he has any additional lay or medical evidence he wishes to submit to support his claim he may do so, particularly evidence he may have obtained which may not currently be in the claims file. Specifically, the RO should notify the veteran that he should submit evidence from his employer regarding his current employment status as permanent, temporary, full time or part time, along with his recent performance evaluations. If the veteran would like the RO to obtain this information, he should provide the RO with the appropriate written authorization enabling them to obtain this information from his employer. 5. After the development requested above has been completed to the extent possible, the RO should again review the record and consider all the additional evidence. If any benefit sought, for which an appeal has been perfected, remains denied, the veteran and his representative should be furnished a supplemental statement of the case, and given the opportunity to respond thereto with additional argument and/or evidence. 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 veteran need take no action until notified. 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. JEFF MARTIN 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).