Citation Nr: 21071160
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 19-16 641
DATE: November 29, 2021

REMANDED

The claim of entitlement to specially adapted housing or a special home adaptation grant is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the United States Army from August 1993 to March 1996.  The instant matter is on appeal from a June 2018 rating decision.

The Veteran initially requested a hearing before a Veterans Law Judge.  After two postponements, the Veteran requested cancellation of the virtual hearing scheduled in September 2021.  Accordingly, the Board finds that the Veteran has withdrawn his hearing request.

1. The claim of entitlement to specially adapted housing or a special home adaptation grant is remanded.

The Veteran contends that he should be entitled to special home adaptation or specially adapted housing.  

The Board notes that new evidence, specifically VA treatment records and examination reports, has been associated with the claims file after the May 2019 Statement of the Case and after certification to the Board.  There has not been a Supplemental Statement of the Case issued following this evidence; thus, the VA-generated evidence has not been initially reviewed by the Regional Office.  The Veteran has also not waived initial review by the Regional Office.  Accordingly, a remand is warranted for the AOJ to consider the additional evidence and issue a Supplemental Statement of the Case.

The matters are REMANDED for the following action:

1. Readjudicate the Veteran's claims on appeal in consideration of the additional evidence received since the May 2019 Statement of the Case.  If any claim is not granted to the Veteran's satisfaction, send him and his representative a Supplemental Statement of the Case discussing the additional evidence, and give them an opportunity to respond before returning the appeal to the Board for further appellate consideration.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.