Citation Nr: 21013197
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 14-29 471
DATE: March 8, 2021

REMANDED

The issue of entitlement to a rating in excess of 30 percent for coronary artery disease (CAD) for the period prior to August 19, 2019, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1969 to May 1971.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA).  This case was previously before the Board in August 2018, when it was remanded for additional development of the evidentiary record.  During the processing of that remand, the Agency of Original Jurisdiction (AOJ) partially resolved the appeal by issuing a rating decision in April 2020 that granted a 100 percent rating for CAD effective from August 19, 2019.  The Veteran’s remaining claim of entitlement to a rating in excess of 30 percent for CAD prior to August 19, 2019, remained in appellate status.  The case has now returned to the Board for further appellate review.

The Veteran testified before a Veterans Law Judge (VLJ) at a December 2014 hearing.  A transcript of this hearing is of record.  In May 2020, the Veteran was informed that the VLJ who presided over the December 2014 hearing was no longer employed by the Board, and the Veteran had the opportunity to request a hearing before a new VLJ.  The Veteran replied in June 2020 and waived his right to a new hearing.

1. The issue of entitlement to a rating in excess of 30 percent for CAD for the period prior to August 19, 2019, is remanded.

Unfortunately, as documented in the claims-file, VA has recently received notice indicating that the Veteran has died in February 2021.  However, the proof of death of the appellant has not been established in accordance with 38 C.F.R. § 3.211.  The Board must remand the case to obtain proof of the appellant’s death.

The matter is REMANDED for the following action:

In accordance with 38 C.F.R. § 3.211, obtain proof of death of the Veteran and associate the proof with the claims-file.  After the above development is completed, return the case to the Board.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Barone, Alexander

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.