Citation Nr: 18148395 Decision Date: 11/07/18 Archive Date: 11/07/18 DOCKET NO. 16-42 818 DATE: November 7, 2018 REMANDED Entitlement to service connection for the residuals of post-ventricular tachycardia arrest with replacement of aortic valve, to include endocarditis, ischemic heart disease (IHD) and coronary artery disease (CAD), as a result of exposure to herbicides, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1969 to January 1971. The Veteran is the recipient of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, etc. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA), which denied entitlement to service connection for the residuals of post-ventricular tachycardia arrest with replacement of aortic valve, to include endocarditis, IHD, and CAD, as a result of exposure to herbicides, Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Review of the record reveals that private medical records from C.P.M.C. must be obtained. A signed authorization form is contained in the file, but it does not appear that the RO attempted to request these records. Thereafter, the Veteran must be scheduled for an appropriate medical examination to determine whether any currently diagnosed disabilities, to include endocarditis, IHD, and CAD, are the result of his exposure to herbicides during active duty service, or whether they are the result of a disease or injury during active duty service. A medical examination or medical opinion is necessary in a claim for service connection when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the Veteran’s service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79 (2006). See also 38 U.S.C. § 5103A (d)(2) (2012); 38 C.F.R. § 3.159 (c)(4)(i) (2018). The matter is REMANDED for the following action: 1. The RO must ensure that it obtains a timely authorization form from the Veteran to obtain any available records from C.P.M.C. Any response received should be memorialized in the Veteran’s claims file. At least two attempts to obtain these records must be made. 2. If no additional medical records are located, a written statement to that effect should be requested for incorporation into the record. 3. Once the above-requested development has been completed, the claim must be readjudicated. If any determination remains unfavorable to the Veteran, he and his representative should be provided with a supplemental statement of the case (SSOC) that addresses all relevant actions taken on the claim for benefits, and be given an opportunity to respond to the SSOC. The case must then be returned to the Board for further consideration, if otherwise in order. The Veteran 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 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. 38 U.S.C. §§ 5109B, 7112. K.A. KENNERLY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Moore, Associate Counsel