Citation Nr: 1306274 Decision Date: 02/22/13 Archive Date: 02/27/13 DOCKET NO. 07-36 841 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to a permanent and total rating for pension purposes. REPRESENTATION Appellant represented by: Virginia Department of Veterans Services ATTORNEY FOR THE BOARD W. Yates, Counsel INTRODUCTION The Veteran served on active duty from October 1971 to August 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2006 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. In August 2010, the Board remanded this matter for additional evidentiary development. REMAND The Veteran is seeking entitlement to a permanent and total rating for pension purposes. Remand is required for compliance with VA's duty to assist the Veteran in substantiating his claims. 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159 (2012). Pursuant to the Board's August 2010 remand, the RO or the Appeals Management Center (AMC) was directed to: provide the Veteran with proper notice concerning his claim; verify his financial eligibility to receive a nonservice-connected pension; obtain updated treatment records; and afford the Veteran examinations to determine the current severity of his ratable disabilities. While the AMC attempted to complete the Board's remand directives, their efforts fell short as a result of an untimely reported change in the Veteran's mailing address. As the Veteran's mailing address has now been updated in the Veterans Appeals Contact and Locator System (VACOLS), and given that it is unclear as to whether the Veteran actually received the prior notification letters sent, the Board concludes that the RO or AMC must complete the development as directed in the Board's August 2010 remand using the Veteran's current mailing address of record. Accordingly, this case is REMANDED to the RO or AMC for the following actions: 1. Provide the Veteran and his representative with notice in compliance with 38 U.S.C.A. § 5103 (a) and 38 C.F.R. § 3.159 (b), to include notice that is in compliance with Dingess v. Nicholson, 19 Vet. App. 473 (2006). 2. Undertake appropriate development to obtain a copy of any outstanding records pertinent to the Veteran's claims. 3. Request that the Veteran complete an Improved Eligibility Verification Report, VA Form 21-0516, for every year since 2006. The request letter should inform the Veteran that there is an income eligibility requirement for the benefit he is seeking on appeal, and that his claim will be denied if the necessary forms are not submitted. 4. Arrange for the Veteran to be afforded appropriate VA examinations to determine the current degree of severity of all of his ratable disabilities. The claims file must and any pertinent evidence in Virtual VA that is not contained in the claims file be made available to and reviewed by the examiner(s). The RO or the AMC should ensure that all information required for rating purposes is provided by the examiner(s). In addition, the examiner(s) should provide opinions concerning the impact of the Veteran's ratable disabilities on his ability to work, to include whether they are sufficient by themselves to render the Veteran permanently unemployable. The supporting rationale for all opinions expressed must be provided. 5. Undertake any other indicated development. 6. Then, readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the Veteran's satisfaction, provide the Veteran and his representative with a supplemental statement of the case and afford them the requisite opportunity to respond before returning the case to the Board for further appellate action. By this remand, the Board intimates no opinion as to any final outcome warranted. The Veteran need take no action until he is otherwise notified, but he may furnish additional evidence and/or argument during the appropriate time frame. See Kutscherousky v. West, 12 Vet. App. 369 (1999). This REMAND must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or the Court for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ Shane A. Durkin 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) (2012).