Citation Nr: 21072989
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-35 282
DATE: December 7, 2021

REMANDED

Entitlement to a higher rate of VA pension with special monthly pension is remanded.

REASONS FOR REMAND

Entitlement to a higher rate of VA pension with special monthly pension is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue entitlement to a higher rate of VA pension. In May 2021, the Board remanded the appeal so that the AOJ could schedule the Veteran for a hearing before a Decision Review Officer (DRO) in San Juan, Puerto Rico. The remand directive provided that the AOJ was to send notice of the scheduled hearing to the Veteran and his representative. The record shows that the AOJ made attempts to contact the Veteran by telephone, but the phone number not in service. The AOJ, however, did not send the Veteran any written correspondence to inform him of a scheduled hearing. Thus, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The matter is REMANDED for the following action:

The AOJ should schedule the Veteran for a hearing before a Decision Review Officer at the RO in San Juan, Puerto Rico. The AOJ should send written notice of the scheduled hearing to the Veteran and his representative, a copy of which should be associated with the record. If additional clarification with the Veteran is deemed to be necessary in order to schedule a hearing, the AOJ may send the Veteran a letter requesting such clarification, a copy of which should be associated with the record. After the hearing is conducted, or in the event the Veteran cancels the hearing or fails to report, the case should be returned to the Board for appellate review.

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christine C. Kung

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.