Citation Nr: 20071806 Decision Date: 11/05/20 Archive Date: 11/05/20 DOCKET NO. 17-03 188 DATE: November 5, 2020 REMANDED Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to service connection for residuals of a head injury is remanded. REASONS FOR REMAND The Veteran had active service from June 1976 to June 1979. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In December 2018, the issues of entitlement to service connection for diabetes mellitus, an acquired psychiatric disorder, and residuals of a head injury, were initially before the Board, and the Board denied claims. The Veteran appealed the Board’s December 2018 denial of claims to the United States Court of Appeals for Veterans Claims (Court). In an Order dated in November 2019, the Court granted an October 2019 Joint Motion for Partial Remand (JMPR) of the parties (the Secretary of VA and the Veteran), and vacated the Board’s decision with respect to these issues, and remanded the case to the Board for re-adjudication consistent with the JMPR. Pursuant to October 2019 JMPR, the Board remanded these claims in May 2020 for further evidentiary development. They now return for appellate review. 1. Entitlement to service connection for diabetes mellitus is remanded. 2. Entitlement to service connection for an acquired psychiatric disorder is remanded. 3. Entitlement to service connection for residuals of a head injury is remanded. When a rating decision notification letter, statement of the case (SOC) or supplemental statement of the case (SSOC) is issued, the Agency of Original Jurisdiction (AOJ) must generally furnish the SOC or SSOC to the appellant and his or her representative, if any. See 38 C.F.R. §§ 19.30(a), 19.31. Thus, following the development directed by the May 2020 Board remand, the Veteran and his representative were issued a SSOC, as to the issues of entitlement to service connection for diabetes mellitus, an acquired psychiatric disorder, and residuals of a head injury, in September 2020. However, the Veteran’s representative’s copy of the September 2020 SSOC, sent to his most recent address of record, was returned to VA undelivered. The Veteran’s representative, who is affiliated with Veterans Rating Consultants, LLC, did not notify VA of any change of address. See Hyson v. Brown, 5 Vet. App. 262, 265 (1993). However, review of the record does not reflect any attempt was made by the AOJ to contact the Veteran’s representative directly to ascertain an updated address, but instead, documented that an attempt to call the Veteran was unsuccessful. In this regard, a quick internet search by the Board found information regarding a new address for Veterans Rating Consultants, LLC. Considering the foregoing, the Board finds that prior to adjudication of these issues, remand is warranted so the AOJ can verify and update the Veteran’s representative’s address, and attempt to resend him the September 2020 SSOC in order to ensure procedural due process and to afford the Veteran every consideration with respect to the issues on appeal. The matters are REMANDED for the following action: Ascertain the correct current address for the Veteran’s representative. Once the correct mailing address for the Veteran’s representative is determined, resend the Veteran’s representative a copy of the September 2020 SSOC and afford him an opportunity to respond before the record is returned to the Board for further review. M. C. GRAHAM Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Espinoza, 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.