Citation Nr: 21011456
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 16-46 700A
DATE: March 1, 2021

REMANDED

Entitlement to special monthly compensation (SMC) at the higher rate pursuant to 38 U.S.C. § 1114, (r)(2), is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Navy from May 1989 to April 1995.

This matter before the Board of Veterans’ Appeals (Board) is on appeal from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia (Agency of Original Jurisdiction (AOJ)).

This matter was previously before the Board in December 2018. At that time, the Board denied the claim. The Veteran subsequently appealed the Board’s decision to the Court of Appeals for Veterans’ Claims (the Court). The parties filed a Joint Motion for Remand which the Court granted by order dated February 2020, vacating the Board’s decision and remanding the claim due to the Board’s failure to provide an adequate statement of reasons and bases for its decision. Following this decision, the Board remanded this issue once more for further development in a July 2020 decision. 

In February 2021, the Board vacated the July 2020 decision because it had erred in finding that the Veteran was eligible to participate in the Rapid Appeals Modernization Program (RAMP).  In October 2018, the Veteran had attempted to opt-in to RAMP, however, he was informed in November 2018 that he was ineligible for the program.  In subsequent December 2018 and July 2020 Board decisions, the Board indicated that it would honor the Veteran’s choice to participate in RAMP, however there was no RAMP rating decision issued, nor was there a Form 10182 Notice of Disagreement received.  Thus, the appeal remained in the legacy system.  As the error was prejudicial, the Board vacated the July 2020 Board decision.  

Given that the July 2020 decision addressing the issue on appeal has now been vacated, a remand is necessary for the AOJ to readjudicate the claim.  The Board also notes that in December 2020 correspondence, the Veteran’s representative asserted that the Veteran should have been given the opportunity to pursue review of his appeal under the modernized system.  Following the readjudication of the issue on appeal by the AOJ, if the issue remains denied, a supplemental statement of the case (SSOC) will be issued.  The Veteran will then have the opportunity to opt into the modernized review system.  See 38 C.F.R. § 3.2400.  

The matter is REMANDED for the following action:

Readjudicate the claim on appeal.  If the issue remains denied, provide the Veteran and his representative a supplemental statement of the case (SSOC) and allow for an opportunity to respond. 

 

J. SAIKH

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Victoria A. Banis, 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.