Citation Nr: 20032987
Decision Date: 05/12/20	Archive Date: 05/12/20

DOCKET NO. 14-03 460
DATE: May 12, 2020

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1965 to October 1965.  The Veteran died in September 2017.  The Appellant is the Veteran’s surviving spouse.  In an April 2020 determination, the Agency of Original Jurisdiction (AOJ) substituted the Appellant in the Veteran’s pending appeal.

1. Entitlement to service connection for an acquired psychiatric disorder is remanded.

Initially, the claims file currently contains several documents that require translation from Spanish to English.  While translation matters are not normally remanded, cases, such as this one, that are being remanded to the San Juan, Puerto Rico, AOJ for other action may include a remand order related to translation.  Thus, on Remand, the Spanish language documents within the file should be translated.

 

Regarding the claim of entitlement to service connection for an acquired psychiatric disorder, the Veteran (prior to his death) submitted a timely October 2010 notice of disagreement with a September 2010 rating decision, but a statement of the case has not yet been issued.  A remand is required for the AOJ to issue a statement of the case.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).

The matters are REMANDED for the following actions:

1. Translate the following documents from Spanish to English:

(a.) April 2014 Marriage Certificate

(b.) October 2017 Marriage Certificate

(c.) October 2017 Death Certificate

(d.) September 2018 Marriage Certificate

(e.) September 2018 Death Certificate

2. Send the Appellant and her representative a statement of the case that addresses the issue of entitlement to service connection to service connection for an acquired 

 

psychiatric disorder.  If the Appellant perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.