Citation Nr: 21061272 Decision Date: 10/01/21 Archive Date: 10/01/21 DOCKET NO. 17-25 449 DATE: October 1, 2021 REMANDED Entitlement to service connection for cervical spine disability, claimed as spondylosis, is remanded. Entitlement to service connection for a right hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1967 until his honorable discharge in May 1969. This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c). These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision by the North Little Rock, Arkansas Regional Office (RO) of the United States Department of Veterans Affairs (VA). In July 2019, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge (VLJ), sitting at the RO in Chicago, Illinois. A transcript of the hearing has been associated with the record on appeal. In December 2020, the Board remanded the case to the RO for further development. Specifically, the Board directed the RO to obtain VA treatment records for his cervical spine and/or right hip that are not currently of record, to include any VA Medical facilities in Chicago or Peoria, Illinois; to ask the Veteran to complete a VA Form 21-4142 for the Mayo Clinic, the Methodist Medical Center of Illinois, and any other non-VA medical facility that has provided care for the Veteran's cervical spine and/or right hip; and to obtain the Veteran's federal disability records from the Social Security Administration (SSA). In response, in March 2021 and April 2021, the RO sent the Veteran a VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs (VA), and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs (VA); in April 2021, the RO obtained the Veteran's federal disability records from the SSA, and treatment records from the Danville, Illinois VAMC. In April 2021, the Mayo Clinic advised that they are unable to process the records request because they were unable to locate any records for the Veteran. In May 2021, the Methodist Hospital advised that they were unable to process the request because the request did not contain dates of service. As will be addressed in greater detail below, the Board finds that there has not been substantial compliance with the Board's previous remand directives regarding the issue(s) on appeal. Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to service connection for cervical spine disability, claimed as spondylosis 2. Entitlement to service connection for a right hip disability Due to the similar dispositions for the above claims on appeal, the Board will address them in a common discussion below. As noted above, in December 2020, the Board remanded the case to the RO for further development. Specifically, the Board directed the RO to obtain treatment records from Methodist Medical Center of Illinois. Although the RO timely requested the Veteran's medical treatment records from Methodist Hospital of Illinois, in May 2021, Methodist Hospital of Illinois advised that they were unable to process the request because the request did not contain dates of service. Subsequently, the RO did not attempt to obtain nor provide Methodist Hospital of Illinois the missing information in order to obtain the requested records. Therefore, because the RO failed to follow the procedural requirements set out in 38 C.F.R. § 3.159; unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issues on appeal. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, the case is REMANDED for the following action: 1. Obtain the Veteran's updated VA treatment records for the period from April 2021 to the Present. 2. Ask the Veteran to complete a VA Form 2142 for Methodist Medical Center of Illinois for any care for his right hip and/or cervical spine disabilities (including dates of service, to the best of his knowledge); make two requests for the records, unless it is clear after the first request that a second request would be futile. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Deemer, Associate 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.