Citation Nr: 22016313
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 15-12 234A
DATE: March 21, 2022

REMANDED

The claim of entitlement to dependency and indemnity compensation (DIC) based on service connection for the cause of the Veteran's death is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the United States Army from December 1964 to January 1966 and April 1969 to June 1970.  The Veteran passed away in July 2014, and his surviving spouse, the appellant herein, filed the present appeal.  The instant matter is on appeal from a January 2015 rating decision.

In August 2018, the appellant testified before a Veterans Law Judge.  A transcript of the proceedings has been associated with the record.  In September 2021, she was notified that the VLJ was no longer with the Board and offered an additional hearing before a VLJ that would decide her case.  She did not respond to that notice within 30 days; thus, the appellant has waived her right to an additional hearing.

1. The claim of entitlement to DIC based on service connection for the cause of the Veteran's death is remanded.

The Board regrets the additional delay, but remand is again necessary.  The appellant's attorney requested information on prior VA examiners pursuant to Francway v. Wilkie, 940 F.3d 1304 (Fed. Cir. 2019).  In Francway, the Federal Circuit held that "[o]nce the request is made for information as to the competency of the examiner, the veteran has the right, absent unusual circumstances, to the curriculum vitae and other information about qualifications of a medical examiner," "mandated by VA's duty to assist."  Id. at 1308.  This information is not presently contained in the claims file.  Thus, remand is necessary in order to transmit the examiners' curriculum vitae to the appellant and her attorney.

The matters are REMANDED for the following action:

1. The AOJ should take appropriate action to respond to the appellant and her representative's request and provide the necessary educational and professional background information in compliance with Francway, including copies of the curriculum vitae for the November 2019 and January 2020 VA examiners.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.