Citation Nr: 21032491
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 18-35 282
DATE: May 27, 2021

REMANDED

Entitlement to a higher rate of VA pension with special monthly pension is remanded.

REASONS FOR REMAND

Entitlement to a higher rate of VA pension with special monthly pension is remanded.

The Veteran was scheduled for a February 2020 Board Central Office hearing. Prior to the date of the hearing, in January 2020 written correspondence, the Veteran withdrew his request for a Board hearing because he could not attend due to a medical condition, and instead requested to be scheduled for a hearing before a Decision Review Officer (DRO) in San Juan, Puerto Rico. The record shows that in December 2020, the Veteran again contacted VA by phone to inquire about his DRO hearing request. The Board finds that the Veteran has provided good cause for his request for a DRO hearing in lieu of a Board hearing and the appeal should be returned to the Regional Office (RO) for the scheduling of a DRO hearing. 

The matters are REMANDED for the following action:

The AOJ should schedule the Veteran for a hearing before a Decision Review Officer at the RO in San Juan, Puerto Rico. The AOJ should send notice of the scheduled hearing to the Veteran and his representative, a copy of which should be associated with the record. After the hearing is conducted, or in the event the Veteran cancels the hearing or fails to report, the case should be returned to the Board for appellate review. 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christine C. Kung

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.