Citation Nr: 20007063 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 17-14 201 DATE: January 28, 2020 REMANDED Entitlement to compensation under 38 U.S.C. § 1151 for broken sternal wires due to hospital care and treatment at the Portland Department of Veterans Affairs Medical Center (VAMC) beginning in July 2013 is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1970 to May 1972. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision by the Department of Veterans Affairs (VA). An informal conference was held before a Decision Review Officer (DRO) in December 2016, and a hearing was held before the undersigned Veterans Law Judge in August 2019. A conference report and hearing transcript are of record. On review, the Board finds that additional development is necessary prior to final adjudication of the Veteran’s claims. Specifically, it appears that there may be outstanding non-VA treatment records, as detailed in the directives below. Because the outcome of the section 1151 claim could affect the outcome of the TDIU claim, the claims are inextricably intertwined, and remand of the claim is appropriate. Moreover, on remand, the agency of original jurisdiction (AOJ) will have the opportunity to review the additional VA treatment records added to the claims file since the claims were last adjudicated in a statement of the case. The case is REMANDED for the following actions: 1. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his heart disorder in support of his section 1151 and TDIU claims. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. A specific request should be made for any non-VA treatment records in addition to the written statements received in 2015 and 2016 from Providence Medical Group. See, e.g., January 2019 VA treatment record (noted Veteran was in-patient at that facility due to sternal pain); August 2019 Bd. Hrg. Tr. at 14 (Veteran testified that he has received treatment at that facility). It appears that there are limited records from this facility in the claims file. The AOJ should also secure any outstanding VA treatment records, including any records in the Computerized Patient Record System (CPRS) Tools/Vista Imaging in addition to the records received from the Portland VAMC in June 2015. See December 2019 VA treatment record entry (indicates additional non-VA treatment in Vista Imaging). 2. After completing the above action, the AOJ should conduct any other indicated development. Further development may include obtaining another VA medical opinion after receipt of any additional treatment records. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Postek, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.