Citation Nr: 19132003
Decision Date: 04/24/19	Archive Date: 04/24/19

DOCKET NO. 15-43 243
DATE:	April 24, 2019

REMANDED

Entitlement to service connection for the Veteran's cause of death is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty from November 1950 to August 1952 in the United States Army.  He died in December 2011.  The appellant is the Veteran’s surviving spouse. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. 

In February 2012 the National Personnel Records Center notified the VA that the Veteran’s service treatment records were destroyed in a fire.  The Board acknowledges the VA’s heightened duty to assist a claimant where records are deemed fire related or otherwise lost.  See Cromer v. Nicholson, 19 Vet. App. 215, 217-18 (2005).  The RO sent the appellant the NA Form 13055 to attempt to reconstruct the Veteran’s service treatment records, but the appellant did not submit the form.  The Board notes that on remand the RO should send a new Form 13055 to the appellant and her representative and explain how to properly submit the form, and the Board encourages the appellant to submit this form to assist with her claim. 

The Board also notes the RO has not obtained a complete copy of the Veteran’s service treatment records (STRs) or official military personnel file (OMPF) for his November 1950 – August 1952 period of active duty.  

The Board observes the Veteran’s complete OMPF has not been requested or obtained.  As the potential exists that the Veteran’s STRs were mistakenly co-located with his OMPF, these records should be obtained.  Since the missing STRs could be determinative as to the issue of entitlement to service connection for the Veteran’s cause of death, the Board finds all indicated development to obtain those records must be accomplished.  

The matter is REMANDED for the following action:

1. Request from the National Personnel Record Center (NPRC), or other appropriate source, the Veteran’s complete official military personnel file (OMPF) and service treatment records (STRs), to specifically include a PIES 050 request, to determine whether any additional service records are available for the Veteran’s November 1950 to August 1952 period of active service.  If any requested records are deemed unavailable, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e).

2. Also undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s remaining issue on appeal, to include any additional treatment records related to the claimed disabilities.  If any requested records are not available, the record should be annotated to reflect such, and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e).

Additionally, the RO should resend the appellant and her representative a Form NA-13055 and inform them how to properly submit it as part of the appellant’s claim.

3. Finally, undertake any other indicated development, and then readjudicate the issues on appeal.  If the benefits sought on appeal are not granted to the Veteran’s satisfaction, the Veteran and her representative should be furnished an appropriate supplemental statement of the case and be afforded the requisite opportunity to respond.  Thereafter, the case should be returned to the Board for further appellate action.

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Gresham