Citation Nr: 0812606 Decision Date: 04/16/08 Archive Date: 05/01/08 DOCKET NO. 05-18 262 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUES 1. Entitlement to service connection for the cause of the veteran's death. 2. Whether the veteran had service, for VA purposes, other than from June 1, 1944, to April 25, 1946. 3. Entitlement to nonservice-connected death benefits ATTORNEY FOR THE BOARD Helena M. Walker, Associate Counsel INTRODUCTION The veteran served on active duty from June 1, 1944 to April 25, 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines, which denied the benefits sought on appeal. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND In light of the VCAA, further evidentiary development is necessary. Upon a March 2008 letter, the appellant was notified that the veteran's claims file had been lost. VA advised that it was attempting to rebuild the file and requested that the appellant submit copies of any pertinent documents that she may have in her possession. As referenced in the rating decision, statements of the case (SOC) and supplemental statement of the case (SSOC), the National Personnel Records Center (NPRC) returned records indicating that the veteran had recognized guerilla and combination service from June 1, 1944, to April 25, 1946. The RO indicated that the veteran's death certificate noted his cause of death as congestive heart failure. Also referenced by the RO, was that the veteran's 1946 processing affidavit noted that he did not experience a wound or illness during service. These records are not associated with the rebuilt claims file. Additionally, the appellant should be allowed time to submit any additional documentation before a decision is made. The only records associated with the rebuilt claims file are, the rating decision, the SOCs, the SSOC, and 2 substantive appeals (VA Form 9). The Board requests any medical evidence related to the veteran's congestive heart failure, a copy of the death certificate and any other evidence related to the appellant's claims. Accordingly, the case is REMANDED for the following action: 1. Ensure that the appellant is provided with the requisite notice in compliance with the VCAA. 2. Request that the appellant submit any evidence that she has that can aid in rebuilding the claims file-specifically, the veteran's relevant medical records and his death certificate. 3. A request should be made to the NPRC for any records related to the veteran's service and associate any certification with the rebuilt claims file. 4. When the development requested has been completed, the case should be reviewed on the basis of the additional evidence. If the benefits sought are not granted, the appellant should be furnished a SOC, and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. The purpose of this REMAND is to obtain additional evidentiary development and the Board, at this time, does not intimate any opinion as to the merits of the case, either favorable or unfavorable. The appellant is free to submit any additional evidence and/or argument she desires to have considered in connection with her current appeal. No action is required of the appellant until she is notified. This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ James L. March Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).