Last Update: 9/13/05 (Transmittal I-4-15)
In some instances, technical defects in the record require CCPRB analyst review. Generally these concern missing or incomplete hearing transcripts and claim files.
If a recording is certified by the Program Support Officer or CCPRB Branch Chief as lost, the case must be assigned to a CCPRB analyst to prepare a fill-in memorandum to OGC requesting remand for a de novo hearing (see I-4-1-106).
When Contracts Staff returns a hearing recording with a report that the recording is completely inaudible (see I-4-1-14), the analyst should spot check the recording in order to verify that information. If inaudible, a fill-in memorandum to OGC should be completed requesting remand for a de novo hearing (see I-4-1-106).
When Contracts Staff reports that a portion of the recording is inaudible, the analyst must determine whether the missing portion precludes defense of the case. If it does, the analyst must complete a memorandum to OGC requesting remand for a de novo hearing (see I-4-1-106). If the analyst concludes the inaudible portions do not preclude defense of the case, he or she must prepare a brief Memorandum for File, stating that the inaudible portions were reviewed, it was determined that they did not preclude defense of the case and the staff should prepare the CAR.
If the claim file cannot be located (see I-4-1-12 D.), a CCPRB analyst must note on the HA- 552 that remand is being requested “to locate or re-construct the record.”
Occasionally the staff may refer a new court case to a CCPRB analyst noting that one or more exhibits are missing from the record. The OS must request these missing documents from the HO where the hearing was held and/or the claimant's attorney. If the analyst cannot locate the documents, he or she must review the decision and the record to determine whether the missing exhibits preclude defensibility of the case. If the analyst determines that the case cannot be defended, he or she must complete a HA-552 noting the missing documents and requesting remand. If the analyst concludes that the missing exhibits do not preclude defense of case, he or she must complete a Memorandum for File to this effect and return the case to the staff for preparation of the CAR and LOTS update. Prior to certifying a record, the CCPRB Branch Chief must determine whether a memorandum for file indicates that there are missing exhibits. The certification must identify all missing exhibits.
While preparing a CAR, the staff may discover additional evidence either in the file or in newly associated correspondence that the claimant submitted to the AC, but has not yet been considered (see I-4-1-52 D.). The case must be assigned to an analyst who will review the record in light of the additional evidence to determine whether remand appears warranted.
If the analyst believes remand is not warranted, he or she will draft a letter for the Administrative Appeals Judge's (AAJ) signature advising the claimant and his or her representative that the AC has considered the evidence and does not find that it provides any basis for seeking remand. If necessary, the analyst will also prepare an analysis for the AAJ's consideration. If the AAJ approves the letter, the analyst will advise OGC by memo that the case should be defended (see I-4-1-108). Copies of the additional evidence and the AC's letter should be attached to the memo. The staff will not include the AC's letter and the additional evidence in the CAR, but the documents must be placed in the claim file.
If the analyst believes remand is warranted, an analysis will be prepared for the AC's consideration. If the AC agrees, the analyst will send a memorandum to OGC requesting remand (see I-4-1-106).