Citation Nr: 18155538 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 16-63 412 DATE: December 4, 2018 REMANDED Entitlement to service connection of malaria for purposes of entitlement to accrued benefits is remanded. Entitlement to service connection of diverticulitis with gastroenteritis and rectal ulcers for purposes of entitlement to accrued benefits is remanded. Entitlement to service connection of hemorrhoids for purposes of entitlement to accrued benefits is remanded. Entitlement to service connection of a kidney condition for purposes of entitlement to accrued benefits is remanded. Entitlement to service connection of epilepsy for purposes of entitlement to accrued benefits is remanded. Entitlement to special monthly compensation based on need for aid and attendance or housebound status for purposes of entitlement to accrued benefits is remanded. Entitlement to service connection for the Veteran's cause of death for purposes of entitlement to dependency and indemnity compensation (DIC) and survivor pension benefits is remanded. REASONS FOR REMAND The Veteran served on active duty with the Army from December 1944 to September 1946, with additional periods of active duty from training (ACDUTRA) and inactive duty for training (INACDUTRA) with the Texas National Guard and Air Force Reserve from December 1947 to October 1985. The Veteran died in January 2016. The appellant is the Veteran’s surviving spouse who has successfully substituted as appellant on his service connection and pension claims which were pending at the time of his death. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from October 2015 and June 2016 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office. Jurisdiction over the appeal presently rests with the RO in Houston, Texas. In July 2017, the appellant testified before the undersigned Veterans Law Judge at a hearing held via live videoconference with regard to the claim for service connection of the Veteran’s cause of death. A transcript of that hearing is of record. This appeal previously came before the Board in October 2017, at which time it remanded the service connection and pension claims for issuance of a statement of the case under the holding in Manlincon v. West, 12 Vet. App. 238 (1999). The cause of death claim was also remanded as inextricably intertwined with the claim of service connection for malaria. Following that remand and issuance of the statement of the case, the appellant also perfected the service connection and pension claims to the Board. Although she initially sought a new hearing before a Veterans Law Judge with regard to those issues, in November 2018 she withdrew that request. All issues on appeal have since been merged into a single appeal.   1. Entitlement to service connection of malaria for purposes of entitlement to accrued benefits is remanded. 2. Entitlement to service connection of diverticulitis with gastroenteritis and rectal ulcers for purposes of entitlement to accrued benefits is remanded. 3. Entitlement to service connection of hemorrhoids for purposes of entitlement to accrued benefits is remanded. 4. Entitlement to service connection of a kidney condition for purposes of entitlement to accrued benefits is remanded. 5. Entitlement to service connection of epilepsy for purposes of entitlement to accrued benefits is remanded. 6. Entitlement to special monthly pension based on need for aid and attendance or housebound status for purposes of entitlement to accrued benefits is remanded. 7. Entitlement to service connection for the Veteran's cause of death for purposes of entitlement to dependency and indemnity compensation (DIC) and survivor pension benefits is remanded. Inasmuch as the Board regrets any further delay in the adjudication of this appeal, an additional remand is necessary in order to ensure a complete record. Particularly, the Board notes that in her July 2017 hearing, the appellant and her representative asserted that they had medical records from the Brooke Army Medical Center which pertain to the Veteran’s diagnosis of malaria in service. A review of the available private and VA treatment records does not reveal any such medical documents. As such, on remand, VA should make any and all attempts to obtain such records. Likewise, the Veteran’s service treatment records appear to be incomplete. In addition to his initial period of active service from 1944 to 1946, the Veteran served through 1985 in the Texas National Guard and Air Force Reserve. As the appellant and the Veteran’s daughter have testified that the Veteran suffered from malaria symptoms for many years prior to his death, any medical records held by the Army, Air Force National Guard, and/or the Texas National Guard would potentially be of probative value in this case. The matters are REMANDED for the following action: 1. Invite the appellant to submit any additional evidence in support of her claim. Ask the appellant to complete a VA Form 21-4142 for Brooke Army Medical Center. Make two requests for the authorized records from the Brooke Army Medical Center, unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran’s complete service treatment records, to include documents pertaining to his service in the Texas National Guard and Air Force Reserve from 1947 to 1985. Document all requests for information as well as all responses in the claims file. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals