Citation Nr: 20041908
Decision Date: 06/19/20	Archive Date: 06/19/20

DOCKET NO. 18-34 827
DATE: June 19, 2020

REMANDED

Entitlement to an effective date earlier than March 8, 2016 for a 70 percent evaluation for posttraumatic stress disorder (PTSD) with major depressive disorder (MDD) is remanded.

Entitlement to an effective date earlier than March 8, 2016 for a total disability rating based on individual unemployability (TDIU) is remanded.

Entitlement to an effective date earlier than March 8, 2016 for basic eligibility for Dependents' Educational Assistance (DEA) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1979 to June 1983 and March 1987 to December 1987.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board issued a prior remand on these claims in July 2019.

1. Entitlement to an effective date earlier than March 8, 2016 for a 70 percent evaluation for PTSD with MDD is remanded.

2. Entitlement to an effective date earlier than March 8, 2016 for a TDIU is remanded.

3. Entitlement to an effective date earlier than March 8, 2016 for basic eligibility for DEA is remanded.

As noted above, the Board issued a prior remand in July 2019 for further development of the Veteran’s claims. In response to the remand, the Veteran’s appointed representative sent correspondence dated July 16, 2019 providing additional information including the name and address of the Veteran’s prior employer, as requested in the Board remand directives. In March 2020, the RO issued a supplemental statement of the case (SSOC) again denying the Veteran’s claims. However, the Board notes that a copy of the SSOC was not sent to the Veteran’s representative as required by VA regulations. See 38 C.F.R. § 19.31 (2019). As recently as July 16, 2019, the Veteran’s representative provided the RO with a signed copy of VA Form 21-22 listing himself as the Veteran’s representative. Given the lack of notice, the Veteran’s representative did not have the opportunity to respond to the SSOC within the requisite 30 days prior to the transfer of the case back to the Board. See 38 C.F.R. § 20.5 (2019) stating “An appellant will be accorded full right to representation in all stages of an appeal by a recognized organization, attorney, agent, or other authorized person.” Accordingly, remand is warranted to cure this due process error.

The matters are REMANDED for the following action:

1. Send a copy of the March 2020 SSOC to the Veteran’s representative and allow him 30 days to respond to such prior to returning the case back to the Board.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Ruiz, Associate 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.