Citation Nr: 20081237
Decision Date: 12/28/20	Archive Date: 12/28/20

DOCKET NO. 15-36 264
DATE: December 28, 2020

REMANDED

Entitlement to service connection for rheumatoid arthritis is remanded.

REASONS FOR REMAND

The Veteran had active duty service in the United States Coast Guard from October 1957 to November 1984. Unfortunately, the Veteran died during the pendency of this appeal.  The appellant is the Veteran’s surviving spouse who has been substituted for the Veteran.  

Entitlement to service connection for rheumatoid arthritis 

In January 2020, the Board remanded this claim with instructions to “Identify and obtain any pertinent, outstanding private treatment records from 1984 to 1991 and associate them with the claims file.  Make two requests for the authorized records from the private facility unless it is clear after the first request that a second request would be futile.” In January 2020, the VA Regional Office (RO) sent a letter to the Veteran asking him to identify and provide releases for any private providers who may have records pertinent to his claim, or to provide the records himself.  In March 2020, VA sent a follow up letter that appears to be a form letter stating that the Veteran’s federal records were unable to be located.  The Veteran died the day after the March 2020 letter was sent.  VA received no response to either letter and made no further attempt to obtain the releases or records specified in the January 2020 remand order.  Because of the stress and confusion which is likely to have occupied the Veteran’s family so close to his final sickness and death, as well as the confusing nature of the March 2020 letter which should have addressed private, not federal, treatment records, the Board finds that the RO’s letters were not sufficient to substantially comply with the January 2020 remand order.  Because there has not been substantial compliance with the Board’s previous remand directives regarding the issue of service connection for rheumatoid arthritis, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding private treatment records from 1984 to 1991 and associate them with the claims file.  

Make two requests for the authorized records from the private facility unless it is clear after the first request that a second request would be futile.

2. After completing the above, and conducting any additional development deemed necessary, readjudicate the Appellant’s claims for entitlement to service connection for rheumatoid arthritis in light of all additional evidence received, including the June 2018 VA 

 

addendum opinion. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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.