Citation Nr: 20007934
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-14 535
DATE: January 30, 2020

REMANDED

The issue of whether J.C. is entitled to attorney fees as a result of a March 2018 rating decision which found the Veteran competent is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Army from April to July 1981 and from February to August 1982. He also served in the U.S. Army Reserve.

J.C. is his former attorney.

The issue of whether J.C. is entitled to attorney fees as a result of a March 2018 rating decision which found the Veteran competent is remanded.

The matters are REMANDED for the following action:

Remand is necessary to ensure full compliance with the contested claims procedures.

1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500 04. Specifically, provide J.C. with (1) the contents of the Veteran’s May 2019 VA Form 9 and (2) inform J.C. that, as a party to a contested claim, he is entitled to a hearing, if he chooses one.

2. AFTER WAITING 30 DAYS FOR A POSSIBLE RESPONSE FROM J.C. TO THE VETERAN’S VA FORM 9, readjudicate the issue on appeal and provide the Veteran and J.C. each a copy of a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.