Citation Nr: 21028717
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 17-36 416A
DATE: May 11, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), on the basis of substitution, is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from October 1984 to April 1987.  The Veteran died in November 2018, and his surviving spouse has been substituted as the appellant.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In a July 2020 letter, the Board notified the appellant that additional relevant VA treatment records had been associated with the claims file since the most recent statement of the case (SOC).  She was advised that he had the right to request that the Agency of Original Jurisdiction (AOJ) review the additional evidence.  The Board explained that, if she did not respond in 45 days from the date of the letter, it would be assumed that she did not wish to have the Board decide his appeal at that time, and the case would be remanded to the AOJ for review of the evidence.  There has been no reply to that letter.  Therefore, the case must be remanded, as the automatic waiver provision does not apply for evidence obtained by VA.  

In addition, after filing his July 2017 formal appeal, the Veteran had requested a hearing in connection with his claim.  See June 2018 statement in support of claim; see also June 2018 report of general information.  As a substituted claimant, the appellant should be afforded this opportunity as well.  

The Board notes that the October 2018 supplemental SOC (SSOC) was returned to VA as undelivered mail.  The AOJ should ensure the last address of record is used to send the appellant the SSOC and any other correspondences.  

The matter is REMANDED for the following action:

1. Provide the appellant an opportunity to request a hearing before a Veterans Law Judge of the Board.

2. Review the evidence received since the October 2018 SSOC.  

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3. If the benefit sought is not granted, the appellant and her representative should be furnished an SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.  

Correspondences should be sent to both the current representative and to the appellant herself at her last known address of record.  The Board notes that the October 2018 SSOC sent to the Veteran's previous attorney.  See November 2018 returned mail.

 

 

Roya Bahrami

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Kuczynski

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.