Citation Nr: 21008790
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 14-31 928
DATE: February 18, 2021

REMANDED

Entitlement to a Government-furnished headstone or grave marker is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1916 to August 1919.  He died in July 1951.  The Appellant is the Veteran’s descendent. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 decision of the Department of Veterans Affairs (VA) National Cemetery Administration (NCA).

The Appellant requested a Board videoconference hearing in his August 2014 substantive appeal to the Board, via VA Form 9.  A hearing was scheduled in October 2019, but the Appellant failed to report for the hearing.  To date, the Appellant has not requested that the hearing be rescheduled.  As such, the Board finds that the request for a hearing has been withdrawn.  38 C.F.R. § 20.704(d).

1. Entitlement to a Government-furnished headstone or grave marker is remanded.

Since issuance of the Statement of the Case (SOC) in October 2013, new evidence, including service treatment and military personnel records, have been associated with the claims file.  These records are not listed as evidence considered in the SOC.  As this evidence was associated with the file prior to certification of the appeal to the Board, the issue must be remanded for the issuance of a Supplemental Statement of the Case (SSOC).  38 C.F.R. § 19.31.  The Board notes that the Appellant also submitted new evidence, including statements and family information, after certification to the Board.

The matter is REMANDED for the following action:

The Appellant’s claim should be readjudicated based on the entirety of the evidence.  If the benefit sought on appeal is not granted, the Appellant should be provided a SSOC and afforded the requisite opportunity to respond before the case is remanded to the Board.  For the issue on appeal, the SSOC should consider any new evidence received since the last SOC.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.