Citation Nr: 21000735
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 12-33 700A
DATE: January 6, 2021

REMANDED

Entitlement to a clothing allowance is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1999 to February 2004. 

This matter reportedly comes to the Board of Veterans' Appeals (Board) on appeal from an October 2012 determination by the Department of Veterans Affairs (VA)Veterans Health Administration (VHA) – which is the Agency of Original Jurisdiction (AOJ).  The Veteran’s appeal was previously before the Board in February 2015, when it was determined that a remand was necessary to ensure that VA fulfilled its duty to assist the Veteran.  The Veteran’s appeal has been returned to the Board for further appellate consideration.  

Entitlement to clothing allowance is remanded.

The Board’s February 2015 remand directed that the AOJ ensure completeness of the record for review, as such was devoid of the Veteran’s initial claim for a clothing allowance, the October 2012 administrative decision denying such, and the Veteran’s notice of disagreement with the initial denial.  

Critically, the Veteran’s file does not reflect that the AOJ (VHA) undertook any actions pursuant to the February 2015 Board remand, as the file for review remains devoid of several key filings and procedural documents.  Indeed, it appears that the file may have been recertified and transferred to the Board without action by VHA.  

In sum, it appears that the Veteran’s file regarding this matter, which was historically in paper form, may have been lost or destroyed through no fault of the Veteran – possibly during the process of scanning such into electronic form.  Therefore, this appeal must, again, be remanded in order for the AOJ (VHA) to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.  If such records are unable to be located, the AOJ (VHA) should make a formal finding of unavailability and take appropriate steps to ensure that the benefits sought by the Veteran may be properly readjudicated.

The matters are REMANDED for the following action:

1. The AOJ (VHA) must undertake all steps under the controlling laws and policies to reconstruct the record and upload all documentation related to the claim for clothing allowance to the electronic claims file.

2. If such records are unable to be associated with the record, make a formal finding of unavailability of such and ensure that proper actions under the controlling laws to ensure that the Veteran receives due process of law regarding the benefits he is pursuing.

 

 

SCOTT W. DALE

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Y. Taylor, 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.