Citation Nr: 18140903
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 15-13 735
DATE:	 
REMANDED
Entitlement to benefits under 38 U.S.C. § 1151 for additional disability of the left eye is remanded.
Entitlement to service connection for prostate cancer is remanded.
REASONS FOR REMAND
1. Entitlement to benefits under 38 U.S.C. § 1151 for additional disability of the left eye is remanded.
2. Entitlement to service connection for prostate cancer is remanded.
The record suggests there are both VA and private treatment records related to the Veteran’s 1151 claim that have not been obtained and associated with the claims file.  Specifically, an August 2014 VA examiner noted several treatment notes from the private provider to which VA referred the Veteran in July 2013 were unavailable for review.  The Board notes the Veteran provided an isolated treatment note from July 3, 2013 from the Bascom Palmer Eye Institute, but the record indicates there was follow-up treatment with this provider until potentially May 2014.  It also does not appear VA has obtained full treatment records from the West Palm Beach and Miami VA Medical Centers, as the only records available from these facilities are excerpts submitted by the Veteran with his own handwritten notes.  Additionally, the Veteran recently provided an opinion from his current private provider with Cape Fear Retinal Associates.  There are no treatment records available from Cape Fear Retinal Associates.
The Board finds reasonable efforts should be made to ensure all available VA treatment records and all relevant private treatment records are obtained and associated with the claims file.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).  The Board finds these records are of particular importance in the context of the Veteran’s 1151 claim because any assessment of VA’s potential negligence in failing to properly diagnose and treat the Veteran’s left eye retinal detachment must be based on a full clinical picture.  The Board also deems it necessary to remand the Veteran’s service connection claim for prostate cancer due to the pending development of all available VA treatment records.










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The matters are REMANDED for the following action:
1. Obtain all outstanding VA treatment records, to include, but not limited to, records from the West Palm Beach and Miami VA Medical Centers.
2. Make reasonable efforts to assist the Veteran in obtaining all available records from Bascom Palmer Eye Institute and Cape Fear Retinal Associates.
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. S. Kyle, Counsel