Citation Nr: 20002234
Decision Date: 01/10/20	Archive Date: 01/09/20

DOCKET NO. 12-20 764A
DATE: January 10, 2020

REMANDED

Entitlement to compensation under 38 U.S.C. § 1151 for atypical facial pain is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for cognitive disorder, to include as secondary to atypical facial pain, is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for tremors, to include as secondary to atypical facial pain, is remanded.

REASONS FOR REMAND

The Veteran had active military service from September 1950 to March 1954.

This matter came before the Board of Veterans’ Appeals (Board) on appeal from June 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In June 2019, the Veteran’s daughter (fiduciary) and her husband testified at a hearing.  The Veteran was not present.  The transcript of the hearing is of record.

Since the August 2012 statement of the case, VA medical records are associated with the file.  In October 2019, a letter was sent to the fiduciary’s address and a copy of the letter was sent to the Veteran’s representative informing the recipient that there was additional evidence associated with the file that was not considered by the RO.  See October 2019 Correspondence.  The letter stated that if no response is received within 45 days from the date of the letter, then it is assumed that the Veteran does not wish to have the Board adjudicate the claims on appeal and as such the claims on appeal will be remanded to the agency of original jurisdiction (AOJ) to be reviewed in the first instance by the AOJ.  The Veteran’s fiduciary and the Veteran’s representative did not respond within 45 days of the October 2019 letter.  Accordingly, remand is appropriate in order for the AOJ to readjudicate the issues in light of the new evidence.  See 38 C.F.R. § 20.1304(c) (2018).

The matters are REMANDED for the following action:

After considering all the evidence of record readjudicate the appeal.  If any claim remains denied, issue a supplemental statement of the case to the Veteran’s fiduciary and the Veteran’s representative and provide an opportunity to respond before the case is returned to the Board.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P. Noh, Associate 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.