Citation Nr: 20046530
Decision Date: 07/13/20	Archive Date: 07/13/20

DOCKET NO. 15-33 939
DATE: July 13, 2020

REMANDED

Entitlement to reimbursement for specific education and hardship benefits in the amounts of $655.60, $831.60, and $554.40, in June 1974, September 1977, and June 1977, respectfully is remanded.

REASONS FOR REMAND

The Board of Veterans’ Appeals (Board) in a September 2017 decision denied entitlement to nonservice-connected pension benefits. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (Court). 

In an April 2019 memorandum decision, the Court affirmed the Board’s denial of entitlement to nonservice-connected pension benefits but set aside and remanded the Board’s failure to address the Veteran’s claim that he never received specific education and hardship benefits.

In October 2019, the Board remanded the case to the Agency of Original Jurisdiction (AOJ), as it had not adjudicated this matter. Unfortunately, for the reasons described below, the directives of the Board’s remand have not been substantially complied with.

1. Entitlement to reimbursement for specific education and hardship benefits in the amounts of $655.60, $831.60, and $554.40, in June 1974, September 1977, and June 1977, respectfully is remanded.

As noted in the previous remand, the Secretary concedes that the Veteran was entitled to receive payments in the amounts of $655.60, $831.60, and $554.40 at the time they were authorized, as shown by completion of VA Forms 4-8268, Fiscal Payment and Adjustment Code Sheet, for those payments, dated June 1974, September 1977, and June 1977, respectively. See Brief of the Appellee, Secretary of Veterans Affairs, Vet. App. No. 18-1608, p. 6. (October 12, 2018). The question that remains is whether the appellant actually received those payments, and if not, whether he may receive reimbursement now. Id.

The only development conducted in response to the Board’s October 2019 remand was an internal email dated in June 2020 at the VA Regional Office in St. Louis noting that there was no paper file since the retention period expired years ago. The email also noted that they acknowledged that there was not a way to confirm payment back to 1974-1977. It also noted that the claim was worked in Cleveland, and not St. Louis. The claim has not been readjudicated in any Supplemental Statement of the Case (SSOC). There is no indication that the Veteran has received notice of the AOJ communication. Further, it appears that the Regional Office in Cleveland needs to address this matter, rather than the Regional Office in St. Louis.

Finally, the Veteran requested that counsel be appointed for him due to poverty in a January 2020 letter.

The matters are REMANDED for the following action:

1. Send the Veteran a list of Veterans Service Organizations and give him an opportunity to appoint a representative.

2. Ensure that the Regional Office in Cleveland addresses the issue of whether the Veteran actually received payments in the amounts of $655.60, $831.60, and $554.40 at the time they were authorized, as shown by completion of VA Forms 4-8268, Fiscal Payment and Adjustment Code Sheet, for those payments, dated June 1974, September 1977, and June 1977, respectively; and if not, whether entitlement to reimbursement is warranted. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and (if elected) his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sarah B. Richmond, 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.