Citation Nr: 23044779
Decision Date: 08/11/23	Archive Date: 08/11/23

DOCKET NO. 16-07 837A
DATE: August 11, 2023

REMANDED

The appeal as to the propriety of the appointment of N.W.I. in January 2016 as the Veteran's Department of Veterans Affairs (VA) fiduciary, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to August 1976, and from May 1980 to August 1990.  

This matter came to the Board of Veterans' Appeals (Board) on appeal from a January 2016 determination by the Department of Veterans Affairs (VA) Columbia Fiduciary Hub, the Agency of Original Jurisdiction (AOJ).  

As set forth in detail in a separate, simultaneously-issued decision in VA's Appeals Modernization Act (AMA) system, the Board has determined that in March 2016, the Veteran submitted a notice of disagreement with the January 2016 decision.  

The AOJ has not yet had the opportunity to issue a Statement of the Case addressing the matter.  Thus, a remand for this action is required.  Manlincon v. West 12 Vet. App. 238 (1999).  

The Veteran has indicated that he has no additional evidence to submit and wished to waive the remaining time to submit additional argument.  Clark v. O'Rourke, 30 Vet. App. 92, 97 (2018).

The matter is REMANDED for the following action:

Issue the Veteran and his representative a Statement of the Case addressing the issue of the propriety of the appointment of N.W.I. in January 2016 as his VA fiduciary.  Afford an appropriate period of time to respond.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.