Citation Nr: 20041971
Decision Date: 06/19/20	Archive Date: 06/19/20

DOCKET NO. 19-24 366
DATE: June 19, 2020

REMANDED

A nonservice-connected pension prior to January 29, 2019.

 

REASONS FOR REMAND

The Veteran served on active duty from September 1954 to August 1956.

The case is on appeal from a February 2019 decision.

In a January 2020 decision, the Board remanded the claim on appeal for additional development.

A nonservice-connected pension prior to January 29, 2019.

In January 2020, the Board remanded this claim pending adjudication of an intertwined special monthly pension (SMP) claim.  If the special monthly pension (SMP) claim was granted, the claim on appeal was to be readjudicated and returned to the Board unless it was granted.

While the case was in remand status, in a March 2020 rating decision, the RO granted SMP based on the need for aid and attendance effective January 29, 2019.  However, the claim on appeal was returned to the Board without being readjudicated or a supplemental statement of the case (SSOC) being issued.  Moreover, while SMP is the greater benefit, there remains on appeal a time period prior to January 29, 2019.  Therefore, a remand is required to allow for readjudication of this claim.  See Stegall v. West, 11 Vet. App. 268 (1998).

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The claim is REMANDED for the following action:

Readjudicate the issue of a nonservice-connected pension prior to January 29, 2019.  Unless the benefit sought is granted in full, issue an SSOC and return the case to the Board.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Jimerfield

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.