Citation Nr: 20006558
Decision Date: 01/27/20	Archive Date: 01/27/20

DOCKET NO. 19-14 755A
DATE: January 27, 2020

REMANDED

Entitlement to vocational rehabilitation and employment (VR&E) benefits under the provisions of 38 U.S.C. Chapter 31, Title 38 of the United States Code, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from October 1995 to July 1999.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an administrative decision issued by a Vocational Rehabilitation Counselor (VRC) at a Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to vocational rehabilitation and employment (VR&E) benefits under the provisions of 38 U.S.C. Chapter 31, Title 38 of the United States Code.

In March 2019, the Veteran submitted a VA Form 21-22a retaining a private attorney (listed above) to provide limited representation in his appeal of the issue of entitlement to VR&E benefits under the provisions of 38 U.S.C. Chapter 31, Title 38 of the United States Code.

In May 2019, the Veteran’s private attorney submitted a substantive appeal to the Board (VA Form 9) and indicated that he was planning to submit additional argument and evidence in support of the claim once the appeal was docketed at the Board.

On January 14, 2020, the Veteran’s appeal was certified to the Board (via VA Form 8) and a docket notification letter was sent to the Veteran.  However, it is unclear from those documents whether the Veteran’s private attorney was notified of the certification and docketing actions or whether he still intends to submit additional argument or evidence in support of the appeal.

To ensure that the Veteran’s claim on appeal receives proper consideration, the Board is remanding this matter to allow the Veteran’s private attorney to submit additional argument or evidence (if he chooses to do so).

The Agency of Original Jurisdiction (AOJ) will consider any evidence that is submitted and readjudicate the claim on appeal.  If the benefit sought by the Veteran is not granted, the appeal will be returned to the Board for additional appellate review.

This matter is REMANDED for the following action:

1. Contact the Veteran’s private attorney and afford him the opportunity to submit additional argument and/or evidence in support of the claim on appeal.  Ensure that the Veteran is provided adequate notice of this action.  

2. The AOJ will consider any evidence that is submitted within an appropriate period of time and then readjudicate the claim on appeal.  If the benefit sought by the Veteran is not granted, the appeal will be returned to the Board for additional appellate review.

 

John J. Crowley

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael L. Marcum, 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.