Citation Nr: 21021621
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 20-16 027
DATE: April 13, 2021

REMANDED

Eligibility for specially adapted housing is remanded. 

Eligibility for a special home adaptation grant is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1988 to July 1990.  This appeal is before the Board of Veterans’ Appeals (Board) from a May 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office.

Following certification of the appeal to the Board by the agency of original jurisdiction (AOJ), additional evidence pertinent to the claims on appeal, including October 2020 VA examinations, and VA treatment records dated to December 2020, were added to the record by VA.  In February 2021, the Board sent a letter to the Veteran and his representative asking whether he wished to waive initial AOJ review of the newly received evidence, or whether he wanted the Board to remand the appeal to the AOJ for initial consideration of the evidence, as was his right.  See 38 C.F.R. §§ 19.37, 20.1305(c).  In a response received in March 2021, the Veteran requested that the Board remand the appeal for initial AOJ consideration of the new evidence.

The matters are thus REMANDED for the following action:

After completing and any necessary development, readjudicate the appeal, considering all evidence of record, to include all recently submitted VA examination reports and treatment records.  If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.