Citation Nr: 21067113
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 19-34 692
DATE: November 3, 2021

REMANDED

The issue of whether A.G. and C.L. are eligible to agent fees based on past-due benefits granted in an August 2018 rating decision is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from November 1978 to April 1983. 

A.G. is the Veteran's current agent representative and C.L. is his former agent representative. 

The matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 fee decision by a Department of Veterans Affairs (VA) Regional Office (RO), which granted fees to both C.L. and A.G. based on past-due benefits awarded in an August 2018 rating decision. 

The Board remanded the matter in March 2020 in order to ensure full compliance with contested claim procedures.  Specifically, the Board requested that the RO: 1) provide C.L. with the November 2019 statement of the case (SOC); 2) provide the Veteran and C.L. with the contents of A.G.'s November 2019 VA Form 9; 3) inform each party that, as a party to a contested claim, they are entitled to a hearing if they choose one; 4) inform each party of their representation rights; and 5) issue an SOC addressing whether C.L. is eligible to payment of fees. 

In January 2021, the RO issued an SOC addressing whether C.L. is eligible to fees and sent a copy to each party.  The attached letter informed the parties of their representation and hearing rights in a contested claim.  Additionally, the copy sent to C.L. indicated that the November 2019 SOC was enclosed.  However, there is no indication that C.L. or the Veteran were provided with a copy of the substance of A.G.'s November 2019 VA Form 9, as instructed in the Board's remand directives.  Accordingly, remand is necessary to ensure full compliance with the contested claims procedures. 

The matter is REMANDED for the following action:

1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04.  Specifically, ensure that the Veteran and C.L. are provided with the contents of A.G.'s November 2019 VA Form 9.

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2. After waiting 30 days for a possible response from the Veteran or C.L. to A.G.'s VA Form 9, readjudicate the issue on appeal and provide the Veteran, A.G., and C.L. each a copy of a supplemental statement of the case (SSOC).  An appropriate period should be allowed for response before the case is returned to the Board.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Robinson, Associate 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.