Citation Nr: 20046946
Decision Date: 07/14/20	Archive Date: 07/14/20

DOCKET NO. 14-16 314
DATE: July 14, 2020

REMANDED

The issue of entitlement to service connection for the cause of the Veteran's death, to include entitlement to benefits pursuant to 38 U.S.C. § 1151, is remanded.  

REASONS FOR REMAND

The Veteran had active service from March 1948 to March 1952.  The Veteran died in July 2009.  The Appellant seeks surviving spouse benefits.  The Appellant appeared at a March 2015 hearing before the undersigned Veterans Law Judge at the St. Petersburg, Florida, Regional Office.  A hearing transcript is of record.  

In October 2018, the Board of Veterans’ Appeals (Board) denied service connection for the cause of the Veteran’s death.  The Appellant appealed to the United States Court of Appeals for Veterans Claims.  

In February 2020, the United States Court of Appeals for Veterans Claims granted the Parties’ Joint Motion for Remand; vacated the October 2018 Board decision; and remanded the appeal to the Board for additional action.  

The issue of entitlement to service connection for the cause of the Veteran's death is remanded.  

In a February 2018 Remand, the Board stated that the issue of compensation under the provisions of 38 U.S.C. § 1151 for the cause of the Veteran’s death had not been adjudicated by the Agency of Original Jurisdiction and was inextricably intertwined with the certified issue of service connection for the cause of the Veteran’s death.  The Board instructed the Agency of Original Jurisdiction to adjudicate the issue of compensation under the provisions of 38 U.S.C. § 1151 for the cause of the Veteran’s death.  

The Agency of Original Jurisdiction has not adjudicated the issue of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for the cause of the Veteran’s death.  The Agency of Original Jurisdiction’s compliance with the Board’s remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matters are REMANDED for the following action:

Adjudicate the issue of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for the cause of the Veteran’s death.  If any issue is adverse to the appellant, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.  

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. T. Hutcheson, 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.