Citation Nr: 21001058
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 15-42 243
DATE: January 6, 2021

REMANDED

Entitlement to a disability evaluation in excess of 50 percent for specific phobia/phobia of snakes with anxiety disorder. is remanded.

Entitlement to a total disability evaluation based upon individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1964 to April 1967. He died in February 2019.  His surviving spouse has been substituted as the Appellant for purposes of processing the claims to completion.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from August 2014 and September 2014 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Appellant and her son testified before the undersigned Veterans Law Judge (VLJ) in April 2019.

In September 2019, this matter was last before the Board, at which time it was remanded for further development.

1. Entitlement to a disability evaluation in excess of 50 percent for specific phobia/phobia of snakes with anxiety disorder. is remanded.

2. Entitlement to a TDIU is remanded.

Following the Board’s remand, in November 2019, the Appellant submitted a VA Form 21-4142.  The authorization provides for the release of treatment records from the Thomas Memorial Hospital.  VA attempted to act upon the release but was informed by the private record custodian that a copy of the late Veteran’s death certificate was necessary.  See November 6, 2009, Medical Records Request Reject Notice.  Unfortunately, the VA Form 21-4142 has expired.  

VA must make reasonable efforts to obtain records not in the custody of a Federal department or agency.  Such reasonable efforts will generally consist of an initial request for the records and, if the records are not received, at least one follow-up request, unless a follow-up request would be futile.  38 C.F.R. § 3.159(c)(1).  Upon remand, development should be undertaken to attempt to obtain these records, with any necessary assistance from the Veteran.

The matters are REMANDED for the following action:

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1. Forward the Appellant a VA Form 21-4142 for her execution and inform her of the necessity of executing this release and the consequences of failing to cooperate with VA’s reasonable efforts to obtain records from Thomas Memorial Hospital.  Inform the Appellant that she may also submit these records to VA.

If the Appellant returns the release, attempt to obtain these records.  Perform any necessary follow-up.  Any negative search results should be noted in the record and communicated to the Appellant pursuant to 38 C.F.R. § 3.159(e).

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph R. Keselyak, 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.