Citation Nr: 18147312
Decision Date: 11/05/18	Archive Date: 11/02/18

DOCKET NO. 16-05 355
DATE:	November 5, 2018
REMANDED
Whether new and material evidence has been received to reopen a claim for service connection for the Veteran’s death is remanded.
REASONS FOR REMAND
The Veteran had active service from June 1967 to April 1970. The appellant is the Veteran’s surviving spouse. 
Whether new and material evidence has been submitted to reopen a claim for service connection for the Veteran's death is remanded.
The Veteran died in 2010 of cardiorespiratory arrest and acute cerebrovascular accident (CVA). At the January 2017 Board hearing, the appellant’s daughter testified that the Veteran retired from the National Guard after his November 1994 CVA resulted in loss of mobility on his left side. Service treatment records (STRs) from the Veteran’s National Guard service are not associated with the claims file. 
Generally, if VA receives or associates with the claims folder relevant official service department records at any time after a decision is issued on a claim that had not been associated with the claims folder when VA first decided the claim, VA will reconsider the claim without requiring new and material evidence. 38 C.F.R.  § 3.156 (c) (1). Because there are missing STRs, the Board will defer a decision regarding reopening until all records from the Veteran’s National Guard service have either been associated with the claims file or noted as unavailable.
The appellant also contends that the Veteran’s service-connected posttraumatic stress disorder (PTSD) with alcohol abuse may have caused ischemic heart disease, which could have contributed to the Veteran’s CVA. The appellant may submit further competent medical evidence to substantiate this linkage and the RO should conduct any appropriate development that may arise from the current record or additionally-obtained evidence.
The matter is REMANDED for the following action:
1. Obtain and associated any and all personnel and service treatment records from the Veteran’s National Guard service. If after exhaustive efforts have been made no records can be identified, so annotate the record. See “Hearing Transcript,” received January 24, 2017.
2. Obtain and associate any outstanding VA medical records, to include the Kerrville and San Antonio VA Medical Centers (VAMCs).
3. After the addition of the above-requested records, to include documenting their unavailability in the record, the RO should consider whether appropriate medical inquiry should be conducted. 
The appellant has the right to submit additional evidence and argument on the matter 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 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. §§ 5109B, 7112 (West 2014).
 
Vito A. Clementi
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Anwar, Associate Counsel