Citation Nr: 21042399
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 18-42 965
DATE: July 13, 2021

REMANDED

Entitlement to an equipment purchase of an adjustable king or queen size bed and ergonomic chair through the Vocational Rehabilitation & Employment (VR&E) program is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from May 1974 to June 1977.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2017 decision issued by a Department of Veterans Affairs (VA) Regional Office.

In August 2020, the Board denied the Veteran's claim for equipment purchases through the VR&E program.  He appealed that decision to the United States Court of Appeals for Veterans Claims (Court).  In February 2021, the Court granted a Joint Motion for Remand (JMR) filed by the parties to the appeal (the Veteran, through an attorney, and representatives from VA General Counsel), thereby vacating the Board's decision and remanding the matter for further action consistent with the terms of the JMR.

Entitlement to an equipment purchase of an adjustable king or queen size bed and ergonomic chair through the VR&E program is remanded.

In the JMR, the parties to the appeal before the Court agreed that the Board erred when it did not ensure that VA had satisfied its duty to assist.  38 U.S.C. § 5103A.  Specifically, in denying the claim, the Board discussed opinions from Dr. S. of High Desert Family Medicine and Dr. B.D., DPT, both of whom the Veteran had seen through the VA Choice Program.  However, those providers' treatment records were not associated with the claims file.  The parties to the appeal agreed that remand was necessary to obtain these private medical and physical therapy records pertaining to medical care provided under the Veterans Choice Program.  38 C.F.R. § 3.159(c)(3).  By the terms of the JMR, additional development is required.

This matter is REMANDED for the following action:

1. Ask the Veteran to provide release(s) for relevant records of treatment from Dr. S. of High Desert Family Medicine and Dr. B.D., DPT, and to identify, and provide appropriate releases for, any other care providers who may possess new or additional evidence pertinent to the issue on appeal.  If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159.  Any new or additional (i.e., non-duplicative) evidence received should be associated with the record.  If any of the records sought are not available, the record should be annotated to reflect that fact, and the Veteran and his representative should be notified.

2. Obtain all outstanding VA treatment records, including all records of treatment obtained through VA's Choice Program, which have been scanned in or uploaded to the Veteran's VA electronic medical record, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence.  If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Kettler, 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.