Citation Nr: 19115455 Decision Date: 03/05/19 Archive Date: 03/01/19 DOCKET NO. 16-24 139 DATE: March 5, 2019 REMANDED The claim of entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1969 to May 1972. He died in September 2013. The appellant is his surviving spouse. This appeal to the Board of Veterans' Appeals (Board) arose a February 2014 rating decision in which the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin denied service connection for the cause of the Veteran’s death. In February 2014, the appellant filed a notice of disagreement (NOD). The RO issued a statement of the case (SOC) in March 2016. The appellant filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in May 2016. The Board’s review of the claims file reveals that additional agency of original jurisdiction (AOJ) action in this appeal is required. During his lifetime, the Veteran stated that he began receiving treatment at the G.V. (Sonny) Montgomery VA Medical Center (VAMC) in Jackson, Mississippi between 1977 and 1978. See April 2011 Application for Compensation and/or Pension. A review of the record reveals that records of the Veteran’s VA treatment, dated from December 2003 through the Veteran’s death, are of record. It does not appear that the AOJ attempted to obtain all VA treatment records dated prior to December 2003, and these records are potentially relevant to the claim on appeal. Hence, there are additional VA treatment records that have not yet been obtained. Therefore, the AOJ should obtain all outstanding records of VA evaluation and/or treatment of the Veteran, particularly, any dated prior to December 2003, following the current procedures prescribed in 38 C.F.R. § 3.159(c) regarding requests for records from Federal facilities. Also while this matter is on remand, to ensure that all due process requirements are met, and that the record is complete, the AOJ should also give the appellant another opportunity to provide additional information and/or evidence pertinent to the claim on appeal (particularly regarding any private (non-VA) treatment), explaining that she has a full one-year period for response. See 38 U.S.C. § 5103(b)(1); but see also 38 U.S.C § 5103(b)(3) (clarifying that VA may decide a claim before the expiration of the one-year notice period). Thereafter, the AOJ should attempt to obtain any additional evidence for which the Veteran provides sufficient information, and, if needed, authorization, following the current procedures prescribed in 38 C.F.R. § 3.159. The actions identified herein are consistent with the duties imposed by the Veterans Claims Assistance Act of 2000 (VCAA). See 38 U.S.C. §§ 5103, 5103A; 38 C.F.R. § 3.156. However, identification of specific actions requested on remand does not relieve the AOJ of the responsibility to ensure full compliance with the VCAA and its implementing regulations. Hence, in addition to the actions requested above, the AOJ should also undertake any other development and/or notification action deemed warranted prior to adjudicating the claim on appeal. The matter is hereby REMANDED for the following action: 1. Obtain all outstanding records of VA evaluation and/or treatment of the Veteran, to particularly include all records from the G.V. (Sonny) Montgomery VAMC dated from 1977 to December 2003. Follow the procedures set forth in 38 C.F.R. § 3.159(c) with respect to requesting records from Federal facilities. All records/responses received should be associated with the file. 2. Furnish to the appellant a letter requesting that he provide information concerning, and, if necessary, authorization to enable VA to obtain, any additional evidence pertinent to any claim(s) on appeal that is not currently of record. Specifically request that the Veteran furnish, or furnish appropriate authorization to obtain, all outstanding, pertinent, private (non-VA) medical records. Clearly explain to the Veteran that he has a full one-year period to respond (although VA may decide the matter within the one-year period). 3. If the appellant responds, obtain all identified records, following the procedures set forth in 38 C.F.R. § 3.159. All records and responses received should be associated with the file. If any records sought are not obtained, notify the appellant and her representative of the records that were not obtained, explain the efforts taken to obtain them, and describe further action to be taken. 4. To help avoid future remand, ensure that all requested actions have been accomplished (to the extent possible) in compliance with this REMAND. If any action is not undertaken, or is taken in a deficient manner, appropriate corrective action should be undertaken. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 5. After completing the requested actions, and any additional notification and/or development deemed warranted, adjudicate claim on appeal considering all pertinent evidence (to include all evidence added to the electronic claims file since the last adjudication) and legal authority. JACQUELINE E. MONROE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Michael Sanford, Counsel