Citation Nr: 21014564
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 18-15 662
DATE: March 15, 2021

REMANDED

The issue of entitlement to attorney fees based on past-due benefits awarded in a January 2016 rating decision which, in pertinent part, determined that there was clear and unmistakable error (CUE) in the rating of the Veteran’s back surgery residuals with degenerative changes and radiculopathy, and assigned a 20 percent rating for the residuals and 10 percent rating each for right and left lower extremity radiculopathy all effective April 27, 1990, is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Marine Corps from April 1972 to February 1981 and from May 1981 to April 1990. The Veteran died in 2016. The claimant is his surviving spouse.

The appellant is the Veteran’s and the claimant’s former attorney.

The issue of entitlement to attorney fees based on past-due benefits awarded in a January 2016 rating decision is remanded.

The matters are REMANDED for the following action:

In February 2020, the Board remanded this appeal for compliance with the contested claims procedures. The remand expressly stated that the claimant and the appellant must both be provided a copy of a supplemental statement of the case (SSOC). 

In June 2020, the RO sent the claimant a letter to comply with the contested claims procedures. In August 2020, the RO readjudicated the issue on appeal in an SSOC. The claimant was not provided a copy of the SSOC. Therefore, remand is necessary to send the claimant a copy of the August 2020 SSOC. See Stegall v. West, 11 Vet. App. 268 (1998).  

On remand, the RO must send a copy of the August 2020 SSOC to the claimant. An appropriate period should be allowed for response before the case is returned to the Board. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.