Citation Nr: 19166158
Decision Date: 08/27/19	Archive Date: 08/27/19

DOCKET NO. 16-55 924
DATE: August 27, 2019

REMANDED

Entitlement to special monthly compensation (SMC) based on the need for aid and attendance is remanded.

REASONS FOR REMAND

The Veteran had active service in the U.S. Army from November 1976 to November 1979, November 1990 to April 1991, and January 2006 to November 2006.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision.

Entitlement to SMC based on the need for aid and attendance is remanded.

In correspondence dated October 2016, the Veteran requested a Decision Review Officer (DRO) hearing to be conducted at the Agency of Original Jurisdiction (AOJ) as part of his appeal.  That hearing was scheduled for October 9, 2018.  Additional correspondence dated the day after the hearing shows the Veteran was unable to attend due to illness.  He asked that the hearing be rescheduled.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a DRO hearing.  Provide him and his representative with appropriate notice regarding the date, time and location of the hearing.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Shamil Patel, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.