Citation Nr: 21004428
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 16-10 216
DATE: January 27, 2021

REMANDED

Entitlement to a second stair glide in the residence is remanded in order for the Agency of Original Jurisdiction (AOJ) to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.

REASONS FOR REMAND

The Veteran had active service from February 1976 to June 1976, from November 1976 to November 1979, and from March 1980 to November 1980.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a decision by the Department of Veterans Affairs (VA) Major Medical Equipment Committee approving the Veteran’s request for one stair glide for her residence and disapproving the request for a second stair glide.

In February 2020, the Veteran appeared with her representative for a videoconference hearing before the undersigned.  A transcript of the hearing is of record.

Entitlement to a second stair glide in the residence is remanded in order for the AOJ to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.

In the instant matter, the file for the claim of entitlement to a second stair glide in the residence cannot be located, and documentation pertinent to the appeal is not in the electronic record.  Therefore, it must be remanded in order for the AOJ 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 should make a formal finding of unavailability.

The matter is REMANDED for the following action:

1. Reconstruct the record and upload all documentation related to the claim for entitlement to a second stair glide in the residence to the electronic claims file.

2. If such records are unable to be associated with the record, make a formal finding of unavailability.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Dean, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.