Citation Nr: A21018060
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 210624-168691
DATE: November 9, 2021

REMANDED

The issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in December 2020 rating decision is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Navy from July 1964 to October 1985.

The appellant is the Veteran's attorney.

The issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in December 2020 rating decision is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

The RO committed a duty to notify error and an error to satisfy a regulatory duty in that it failed to provide the Veteran a copy of the April 27, 2021, attorney fee decision from which this appeal arose. VA regulation requires that all interested parties be specifically notified of an action taken by the agency of original jurisdiction (AOJ) in a simultaneously contested claim, and of the right and time limit for submitting a Notice of Disagreement (NOD) to the Board, as well as hearing and representation rights. 38 C.F.R. § 20.400. The Veteran was not provided notice of the fee decision, his right and the time limit for appealing, his right to a hearing, and his right to representation. Therefore, remand is necessary. See 38 C.F.R. § 20.802(a).

2. Send the Veteran a copy of the April 27, 2021, attorney fee decision, along with information about the right and the time limit for submitting an NOD to the Board, the right to a hearing, and the right to representation.

The appellant must also be sent another copy of the decision so that he has the opportunity to again appeal to the Board within the timeframe required for contested claims.

(CONTINUED ON THE NEXT PAGE)

The Veteran and the appellant are advised that if they wish the Board to address the issue on appeal on the merits, they MUST file a new VA Form 10182 Decision Review Request:  Board Appeal (NOD) to appeal to the Board.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, Counsel

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.