Citation Nr: 21032582
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 14-39 569
DATE: May 27, 2021

REMANDED

Entitlement to service connection for esophageal cancer is remanded.

Entitlement to death and indemnity compensation for service connection for the cause of death is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1965 to July 1968. He died in June 2018. The appellant is his surviving spouse and has been substituted to pursue his service connection claim pending at the time of his death.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from January 2018 and October 2018 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In November 2020, the Board remanded these claims for VA etiology opinions and for issuance of a supplemental statement of the case (SSOC).

Though the directed VA opinions were provided and a December 2020 SSOC was issued, the record reflects that the SSOC mailed to the appellant on December 30, 2020 was not received and was returned to VA. Though the record also reflects that VA has since learned of the appellant's new address and has sent her a portion of the prior mailings, it does not appear that the December 2020 SSOC regarding the issues in this matter was ever mailed to the appellant's new address. 

By regulation, the Board must remand a claim to the RO where, as here, the record reflects that a claimant has not been furnished a supplemental statement of the case. 38 C.F.R. § 20.904(c). 

Accordingly, the claims are REMANDED for the following action:

Provide proper notice of the December 2020 supplemental statement of the case (which adjudicated service connection for esophageal cancer and entitlement to DIC for service connection for the cause of death) to the appellant at her current address, and allow appropriate time to respond.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.