Citation Nr: 21066700
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 11-24 904
DATE: November 1, 2021

REMANDED

Entitlement to service connection for the cause of the Veteran's death, to include compensation pursuant to 38 U.S.C. § 1151, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to December 1973.  He died in February 2008.  The appellant is the Veteran's widow.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2008 rating decision by a Department of Veterans Affairs Regional Office (RO).

In December 2015, the appellant testified at a videoconference hearing before a Veterans Law Judge who is no longer with the Board.  A transcript of that hearing has been associated with the claims file.

This matter was previously remanded in February 2016, February 2020, March 2021 and July 2021 Board Decisions.

Entitlement to service connection for the cause of the Veteran's death, to include compensation pursuant to 38 U.S.C. § 1151, is remanded.

The Board notes that in August 2021, the appellant submitted VA Form 21-22a, Appointment of Individual as Claimant's Representative, and appointed Matthew Hill who was listed as an attorney.  A review of the record shows that VA recognized Matthew Hill as the appellant's representative.  See August 2021 VA FOIA Request Response Letter.  

Despite recognizing the appellant's current representative, the record shows that Texas Veterans Commission has been copied on subsequent VA communications, including an August 2021 letter enclosing the supplemental statement of the case (SSOC) following further development of the evidence, and a September 2021 VA letter notifying the appellant that the appeal was being returned to the Board.

Pursuant to 38 C.F.R. § 19.31(b)(c)(1), a SSOC will be furnished to the appellant with a separate copy provided to his or her representative if, pursuant to a remand from the Board, the AOJ develops the evidence.  Additionally, "an appellant will be accorded full right to representation in all stages of an appeal by a recognized organization, attorney, agent, or other authorized person."  38 C.F.R. § 20.5 (codified under 38 C.F.R. § 20.600 prior to February 19, 2019).

Accordingly, a remand is necessary to provide the appellant's current representative with a copy of the most recent SSOC.

The matter is REMANDED for the following action:

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A copy of the August 2021 supplemental statement of the case must be provided to the appellant and her representative.  After the appellant and her representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lamb, 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.