Citation Nr: 21031236
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 17-07 416
DATE: May 21, 2021

REMANDED

Entitlement to various equipment purchases/home modifications under a vocational rehabilitation independent living plan is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1968 to June 1969. 

In May 2019, the Board denied the Veteran's claim of entitlement to various equipment purchases/home modifications under a vocational rehabilitation independent living plan. The Veteran filed an appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) contesting the Board's May 2019 decision. In December 2020, the CAVC set aside the Board's May 2019 decision and, in so doing, remanded the Board's May 2019 denial. In its decision, the CAVC found that the Board erred when it relied on possibly inaccurate information as to the Veteran's credibility without providing notice to the Veteran, failed to adequately explain why the requested home modifications were unnecessary to increase the Veteran's independence, failed to provide rationale for its reliance on the M28R Veteran Readiness and Employment Service Manual, and failed to address the October 2016 private physician opinion on necessity of requested modifications. Accordingly, the appeal has been remanded to the Board for action consistent with the December 2020 CAVC decision.

1. Entitlement to various equipment purchases/home modifications under a vocational rehabilitation independent living plan is remanded.

Although the Board regrets the additional delay, remand is warranted to fully comply with the December 2020 CAVC order.

In September 2018, the VR&E Chief assigned to the appeal provided a statement in which he made several claims concerning the Veteran's credibility. This statement was never verified to be accurate. The May 2019 Board decision noted the September 2018 statement in its denial. The December 2020 CAVC order found that it was unclear if the Board relied on the possibly inaccurate September 2018 statement in its May 2019 denial. As such, the December 2020 CAVC decision directed that the issue on appeal be remanded to provide the Veteran with reasonable notice of the September 2018 VR&E Chief's statement and to allow the Veteran a reasonable opportunity to respond should he wish to. The Board notes that only the Veteran spouse's correspondence addressing the propriety of the September 2018 statement is of record.    

The matters are REMANDED for the following action:

1. Provide the Veteran with a copy of the September 2018 VR&E Chief statement.

2. If the Veteran wishes to provide a response, request that he submit a written response to the September 2018 statement. Provide a reasonable amount of time for the Veteran to respond.

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3. Then, readjudicate the claim. If the decision is adverse to the Veteran, issue a supplemental statement of the case, allow the applicable time for response, and then return the case to the Board.   

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Peden

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.