Citation Nr: 21023920
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 19-10 409
DATE: April 21, 2021

REMANDED

Whether the character of the Appellant’s discharge from military service is a bar to the receipt of Department of Veterans Affairs (VA) benefits is remanded.

REASONS FOR REMAND

The Appellant served on active duty from June 11, 1994 to November 29, 1999.  After conviction at a General Court Martial for misconduct, the Appellant was dismissed from the military service with a Dishonorable Discharge.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 administrative decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico.

In April 2020, the Board remanded the appeal for further development.

1. Whether the character of the Appellant’s discharge from military service is a bar to the receipt of VA benefits is remanded.

The Board regrets that the additional delay but finds that a remand is necessary for the proper adjudication of the Appellant’s claim.

A September 2009 record indicates that there may be outstanding and relevant Social Security Administration records. A remand is required to allow VA to request these records.

Additionally, correspondence received by the Appellant indicates that there may be outstanding and relevant private treatment records, to include from Dr. M. O. of the Disability Determination Program, who noted that the Appellant has “continued psychiatric treatment with him from September 2017 to present.” A remand is required to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following action:

1. Obtain the Appellant’s federal records from the Social Security Administration. 

2. Ask the Appellant to complete a VA Form 21-4142 for Dr. M. O. and Disability Determination Program, or have the claimant submit these records directly. 

3. Then, readjudicate the claims on appeal. If any decision is adverse to the Appellant, issue a supplemental statement of the case and allow the applicable time for response. Then, return the case to the Board.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael J. O’Connor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.