09-07 704

Citation Nr: 1212951
Decision Date: 04/10/12 Archive Date: 04/19/12
DOCKET NO. 09-07 704 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania
THE ISSUES
1. Entitlement to service connection for a cervical spine disability.
2. Entitlement to service connection for a neurological disability (to include tremors).
3. Whether new and material evidence has been received to reopen a claim of service connection for residuals of a head injury (to include headaches).
REPRESENTATION
Appellant represented by: David Huffman, Esq.
WITNESS AT HEARING ON APPEAL
The Veteran
ATTORNEY FOR THE BOARD
S. Armstrong, Associate Counsel
INTRODUCTION
The appellant is a Veteran who served on active duty from August 1955 to January 1958. These matters are before the Board of Veterans' Appeals (Board) on appeal from a June 2008 rating decision of the Philadelphia, Pennsylvania Department of Veterans Affairs (VA) Regional Office (RO) that declined to reopen the claim of service connection for residuals of a head injury and denied the remaining claims.
The appeal is being REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required.
REMAND
Accordingly, the case is REMANDED for the following action:
1.
The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. 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 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2011).
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Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), 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) (2011).