Citation Nr: 20006932
Decision Date: 01/28/20	Archive Date: 01/28/20

DOCKET NO. 19-00 658A
DATE: January 28, 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 August 1994 to March 1995; from July 2003 to December 2003; from February 2004 to February 2005; from April 2007 to August 2007; and from April 2010 to October 2010.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 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.

Regrettably, a remand is necessary for further evidentiary development of the Veteran’s appeal.  In that regard, the Veteran’s VA Vocational Rehabilitation and Education (VR&E) records are not associated with the electronic claims file; accordingly, these records must be obtained on remand.

Additionally, the Board observes that the Veteran submitted a VA Form 21-22a retaining a private attorney (listed on the first page of this Remand) 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.  This form was received by VA in July 2018.

In the January 2019 substantive appeal to the Board (VA Form 9), the Veteran’s private attorney requested a 60-day stay prior to certification of the appeal to the Board to allow for an informal hearing to “discuss errors in the [statement of the case].”

The Board observes that jurisdiction over this matter was transferred from the Agency of Original Jurisdiction (AOJ) to the Board when the Veteran filed his January 2019 substantive appeal to the Board (VA Form 9).  At this time, the AOJ does not have an obligation to fulfill the attorney’s request as that request has been rendered moot.  The Board reminds the Veteran’s attorney that all claims subject to Board jurisdiction are reviewed on a de novo basis and that the Board will ensure that all alleged errors are addressed when it adjudicates the claim on appeal.

If the Veteran’s attorney wishes to submit additional evidence or argument in support of the claim, he is encouraged to do so while the case is in remand status.  The 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. Obtain the Veteran’s VA Vocational Rehabilitation and Education (VR&E) records and associate them with the evidence of record.

 

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.