Citation Nr: 21065761
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-46 555A
DATE: October 27, 2021

REMANDED

Entitlement to payment or reimbursement for beneficiary travel expenses is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1966 to June 1968.

While the original decision is not of record, administrative data indicates that the original decision was issued in July 2016, and that the Veteran filed a notice of disagreement in December 2016 and substantive appeal to the Board of Veterans' Appeals (Board) in September 2017.

In January 2021, the Board remanded this matter to the Agency of Original Jurisdiction to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.  If such records were unable to be located, the AOJ was to make a formal finding of unavailability.

In response, a single page has been added to the claims file from the Truman VA Medical Center (VAMC), which states that with regard to the appeal of "unknown," "unknown" documentation is missing from the VHA file, after attempts to locate documentation via a search of Vista Files, CPRS Files, and two contacts with the Veteran in January 2021.  The AOJ mobility manager who authored the note stated that he had exhausted all reasonable efforts to obtain this documentation and that further efforts would be futile.  Inasmuch as there is no reference to the nature or date of decision pertaining to the issue on appeal in this record, it is unclear whether further efforts would, in fact, be futile. 

Additionally, while this document indicates that the Veteran was contacted on two occasions, there is no documentation of the manner in which such contact took place, and the electronic claims file does not contain a copy of any letter sent to the Veteran informing him that his file is missing and giving him the opportunity to provide information or evidence that could be of use in locating or reconstructing the record.  

On remand, the AOJ should contact the Veteran and explicitly request that he supply VA with any information/details he may have concerning the appeal in question, in the form of lay evidence and/or copies of any evidence or relevant notices he might have in his possession.  A copy of any correspondence sent to the Veteran and response received must be documented and associated with the claims file.     

The matter is REMANDED for the following action:

1. Contact the Veteran and inform him that at present, his electronic Veterans Health Administration claims file is missing, and VA is unable to ascertain the details of his claim/appeal pertaining to a July 2016 VHA decision denying beneficiary travel benefits.  Request that he provide relevant information/details and/or a copy of any documents (evidence and/or notices from VA) he may have in his possession concerning the claim.  

A copy of the letter sent to the Veteran and documentation of any response received must be associated with the electronic claims file.

2.  Thereafter, take further action to attempt to rebuild the record in light of any information supplied by the Veteran, and document all efforts for the record.  Thereafter, if the claim remains denied, issue the Veteran a supplemental statement of the case and allow him an opportunity to respond before returning the appeal to the Board, if in order. 

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Solomon, 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.