Citation Nr: 25003286
Decision Date: 03/07/25	Archive Date: 03/07/25

DOCKET NO. 14-32 925
DATE: March 7, 2025

REMANDED

Entitlement to payment or reimbursement of medical expenses is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1973 to April 1974, and from January 6, 1986, to January 17, 1986.  

This appeal was previously before the Board of Veterans' Appeals (Board) in December 2020 and July 2023, at which times it was remanded to the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).  

Unfortunately, essentially all documentation pertinent to the matter on appeal is missing.  In December 2020, the Board remanded this matter to the AOJ to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.  In July 2023, it again remanded the appeal to the AOJ with instructions to take specific actions to attempt to locate records pertinent to the appeal, including contacting the VA Medical Center in Memphis, Tennessee, and contacting the Veteran.  If any of the records sought were not available, the AOJ  was to notify the Veteran pursuant to 38 U.S.C. § 5103A(b)(2)(A). 

On remand, the AOJ undertook development in accordance with the Board's instructions. However, following its development efforts, the AOJ did not readjudicate the Veteran's claim or issue him and his attorney a supplemental statement of the case (SSOC).  The AOJ is required to issue an SSOC if, pursuant to a Board remand, it develops the evidence or cures a procedural defect, unless (1) the only purpose of the remand is to assemble records previously considered by the AOJ and properly discussed in a prior Statement of the Case or SSOC, or (2) the Board specifies in the remand that an SSOC is not required.  See 38 C.F.R. § 19.31.  Even if there were a Statement of the Case or SSOC available for review in this case, it is reiterated that in accordance with the Board's July 2023 remand instructions, the AOJ took development actions and issued notice to the Veteran in compliance with 38 U.S.C. § 5103A(b).  It was thus required to issue an SSOC to the Veteran and his attorney prior to recertification of the appeal to the Board.  

The matter on appeal must therefore, unfortunately, again be remanded for the AOJ to issue the Veteran an SSOC.

The matter is REMANDED for the following action:

Readjudicate the appeal.  If any benefit sought remains denied, provide a Supplemental Statement of the Case to the Veteran and his attorney. 

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Andrew Mack, 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.