Citation Nr: 20056792
Decision Date: 08/27/20	Archive Date: 08/27/20

DOCKET NO. 10-02 580
DATE: August 27, 2020

REMANDED

Entitlement to dependency and indemnity compensation (DIC) based on service connection for the Veteran’s cause of death is remanded.

REASONS FOR REMAND

This matter was most recently before the Board of Veterans’ Appeals (Board) in May 2020, when it was remanded for further development to ensure compliance with the Board’s previous remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  The record establishes the Agency of Original Jurisdiction (AOJ) has substantially complied with the Board’s previous directives as outlined in its May 2020 remand; however, the record reveals further development is necessary to ensure the decision on the Appellant’s claim is fully informed.

In June 2020, the AOJ submitted a request to the VA Private Medical Records Retrieval Center that was rejected because a death certificate was needed.  While it is unclear what records were to be obtained via this request, there is no indication the AOJ followed up with the VA Private Medical Records Retrieval Center, even though the Veteran’s death certificate is associated with the claims file.  The Board finds clarification or follow-up on this request is necessary to ensure all available records are associated with the claims file.

The matter is REMANDED for the following action:

Follow up on the June 2020 request that was rejected by the VA Private Medical Records Retrieval Center or clarify why this request is unnecessary in a formal finding to be associated with the claims file.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. S. Kyle, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.