Citation Nr: 0002227 Decision Date: 01/28/00 Archive Date: 02/02/00 DOCKET NO. 97-30 386 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to service connection for Huntington's disease. REPRESENTATION Appellant represented by: Tennessee Department of Veterans' Affairs WITNESSES AT HEARING ON APPEAL Appellant, R. M., and V. P. ATTORNEY FOR THE BOARD T. S. Tierney, Counsel INTRODUCTION The veteran served on active duty in the Army from February 1980 to September 1992. He subsequently had periods of active duty for training in the Army Reserves with the last period of active duty for training occurring in September 1995. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 1997 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. REMAND The veteran contends that although Huntington's disease was not diagnosed until early 1996, he manifested the disorder in November 1995 when he was in recruiter school at Fort Jackson, South Carolina, and that he was hospitalized at that time at the Fort Jackson hospital. The evidence currently of record does not include any records of treatment of the veteran in 1995 at the Fort Jackson hospital. Although the record does reflect that the RO has attempted to obtain all available service medical records, it does not reflect that it has contacted the Fort Jackson medical facility directly. Under the circumstances, the Board concludes that further development of the veteran's claim is required. Accordingly, this case is REMANDED to the RO for the following actions: 1. The RO should contact the Moncrief Community Army Hospital, in Fort Jackson, South Carolina, and request any treatment records for the veteran for 1995. 2. Then, the RO should undertake any other indicated development and readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a Supplemental Statement of the Case and afford the veteran and his representative an appropriate opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter 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. SHANE A. DURKIN 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).