Citation Nr: 1321798 Decision Date: 07/08/13 Archive Date: 07/18/13 DOCKET NO. 09-42 549 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for a heart disability. REPRESENTATION Veteran represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Michael Wilson, Associate Counsel INTRODUCTION The Veteran served on active duty from February 1945 to October 1945. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois, which declined to reopen the Veteran's claim of entitlement to service connection for a heart condition. In a January 2013 decision, the Board reopened the Veteran's claim for service connection for a heart disability and remanded the claim for further development, including for the purpose of affording the Veteran a VA examination. The Board again remanded the Veteran's claim for further evidentiary development in April 2013. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required on his part. REMAND Unfortunately, another remand is required in this case. Although the Board sincerely regrets the further delay, it is necessary to pursue additional development to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. A review of the evidence of record reveals that the Veteran reported in his June 2008 claim that he had been receiving VA treatment since 1975 at the Jesse Brown/West Side VA Medical Center in Chicago, Illinois. Additionally, in a prior March 1983 claim, he reported suffering a heart attack in November 1981. He indicated that he was treated at the West Side VA Medical Center (VAMC). He additionally noted that he was currently receiving outpatient treatment at that time. After a thorough review of the Veteran's claims file, it appears that VA treatment records dated prior to January 1983 have not been associated with the claims file. Moreover, there is no indication of record that these earlier treatment records were requested from the appropriate VA facility. As such the Veteran's claim must be remanded in order to make all reasonable efforts to obtain his earlier VA treatment records. Finally, the Board observes that the receipt of additional VA treatment records may affect the March 2013 VA examiner's opinion regarding the etiology of the Veteran's claimed heart disability. Thus, if any earlier VA treatment records are obtained, an updated opinion should be requested from the VA examiner that conducted the March 2013 VA examination. Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. Obtain a complete copy of the Veteran's VA treatment records from the Jesse Brown VAMC (previously known as the West VAMC) in Chicago, Illinois, dated since the Veteran's separation from service, in October 1945, through August 2004. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile. This determination should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C.A. § 5103A(b)(2) (West 2002) and 38 C.F.R. § 3.159(e) (2012). 2. If additional VA treatment records are obtained, return the claims file to the VA examiner that conducted the Veteran's March 2013 examination to obtain a new etiology opinion with respect to the Veteran's diagnosed heart disabilities. Specifically, the VA examiner should explain whether, after a review of the record, including most especially any VA treatment records not previously associated with the claims file, his prior opinion regarding the etiology of the Veteran's current cardiac condition has changed. The examiner should provide reasons for his current medical opinion, citing the objective medical findings leading to the conclusions. 3. Thereafter, review the claims file to ensure that the foregoing requested development has been completed, and if not, implement corrective procedures. See Stegall v. West, 11 Vet. App. 268 (1998). 4. Finally, readjudicate the Veteran's service connection claim on appeal. If his claim is not granted in full, provide him and his representative with a supplemental statement of the case, and after they have had an adequate opportunity to respond, return this appeal to the Board for further appellate review. The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). 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. 2012). _________________________________________________ ERIC S. LEBOFF 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. See 38 C.F.R. § 20.1100(b) (2012).