Citation Nr: 21002598
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 14-06 158
DATE: January 14, 2021

REMANDED

1. Service connection for arthritis.

2. Service connection for malaria.

3. Service connection for hypertension.

4. A nonservice-connected pension.

 

REASONS FOR REMAND

The Veteran served with the Philippine Scouts from May 1946 to April 1949.

The case is on appeal from January 2013 and July 2017 rating decisions.

In February 2015, the Veteran testified at a Board hearing.  The Board notes that the Veterans Law Judge (VLJ) who conducted the hearing is no longer available to participate in the adjudication of the Veteran’s claim.  In an April 2019 correspondence, the Veteran was offered an opportunity to have another Board hearing.  However, in July 2019, the Veteran declined a second Board hearing.

In March 2020, the Board reopened the claims on appeal and remanded them for additional development.

1. Service connection for arthritis.

2. Service connection for malaria.

3. Service connection for hypertension.

4. A nonservice-connected pension.

In March 2020, the Board granted reopening of the claims on appeal and remanded them for adjudication on the merits.  In a July 2020 rating decision, the RO confirmed and continued denial of service connection for arthritis, malaria, and hypertension.  In August 2020, the RO issued a notification of denial that also denied nonservice-connected pension benefits.  However, the RO did not issue a supplemental statement of the case (SSOC) as required by 38 C.F.R. § 19.31.  Therefore, remand is required issuance of an SSOC.

The claims are REMANDED for the following action:

Readjudicate the issues of service connection for arthritis, malaria, and hypertension and entitlement to a nonservice-connected pension.  Unless all the benefits sought are 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.