Citation Nr: 23023398
Decision Date: 04/21/23	Archive Date: 04/21/23

DOCKET NO. 17-33 941
DATE: April 21, 2023

REMANDED

The matter of whether the Veteran is competent to handle disbursement of Department of Veterans Affairs (VA) funds is remanded.

REASONS FOR REMAND

A March 2017 rating decision determined that the Veteran is not competent to handle disbursement of funds due to his service-connected psychiatric impairment.  The decision was based on a September 2016 VA examination as well as other supporting medical evidence.  The Veteran disagreed with that determination and was issued a June 2017 Statement of the Case (SOC) after which he perfected his appeal.  The SOC noted that a 2017 VA examination indicated that the Veteran was competent, but a May 2017 assessment memorandum concluded that he was not.  Since that time, the Veteran has continued to receive medical treatment, both inpatient and outpatient, participated in VA's vocational rehabilitation program, undergone VA examinations, undergone field examinations, and been rated as totally disabled by VA.  Thus evidence has not been reviewed by the Regional Office (RO) nor was he issued a Supplemental Statement of the Case (SSOC).  

Under 38 C.F.R. §19.37 (a), evidence received by the RO prior to the transfer of records to the Board will be referred to the appropriate rating or authorization activity for review and disposition.  In such circumstances, an SSOC must be furnished to the Veteran and any representative unless the additional evidence is duplicative or not relevant to the issue on appeal.  38C.F.R. §19.37 (a).  Therefore, because relevant evidence was associated with the file subsequent to the SOC and prior to the transfer of the appeal to the Board, the case must be referred to the RO for initial review and disposition.  38C.F.R. §§19.31, 19.37(a).

In addition, since the evidence is in conflict with regard to the Veteran's competence, he should be afforded a VA examination to determine if he is currently competent.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a psychiatric examination to address his competency to manage his VA benefits payments.  Based on the results of the examination and the review of the Veteran's history, the examiner should opine as to whether the Veteran is competent to handle disbursement of VA funds.

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2. The Veterans Service Center Manager (VSCM) should then review the evidentiary record and determine whether additional evidence of the Veteran's "social, economic and industrial adjustment" is required in order to determine the Veteran's competency for VA purposes and should determine whether the evidence indicates that the Veteran may be capable of administering VA funds payable to him without limitation; and, if so, refer that evidence to the rating agency with a statement of his or her findings.

3. Readjudicate the claim, to include consideration of evidence associated with the claims file since the issuance of the SOC.  If the benefit sought on appeal remains denied, an SSOC must be provided to the Veteran.  After an adequate opportunity to respond, the appeal must be returned to the Board of Veterans' Appeals for appellate review.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Connolly

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.