Citation Nr: 21061765
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 07-03 174A
DATE: October 5, 2021

REMANDED

Entitlement to payment or reimbursement for the cost of medical services provided by the appellant from August 1, 2004, to April 23, 2005, is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1962 to August 1966.

This claim was previously before the Board in January 2009, at which time the Board remanded it for additional development.  Additional development is needed before the claim can be decided on the merits.

Entitlement to payment or reimbursement for the cost of medical services provided by the appellant from August 1, 2004, to April 23, 2005, is remanded.

The electronic record does not contain relevant records for the period following the Board's January 2009 remand.  Therefore, the claim must be 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.  If such records are unable to be located, the AOJ should make a formal finding on unavailability.  

In February 2007 the appellant appointed an attorney as representative.  That attorney is not currently accredited to provide representation in claims before VA.  On remand, the appellant should be sent information on appointing a new representative, and be advised that if a new representative is not appointed, the claim will proceed without representation.

The matters are REMANDED for the following action:

1. Notify the appellant in writing that their former representative is not currently accredited to represent claimants before VA and send the appellant a copy of VA Form 21-22a, Appointment of Individual as Claimant's Representative.  Further notify the appellant that if a new representative is not appointed, the claim will proceed without representation.

2. Reconstruct the record and upload all documentation related to the claim for payment or reimbursement for the cost of medical services provided by the appellant from August 1, 2004, to April 23, 2005, to the electronic claims file.

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

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.