Citation Nr: 21061625
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 16-37 179
DATE: October 4, 2021

REMANDED

Entitlement to 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 March 2021, when it was remanded so the Agency of Original Jurisdiction (AOJ) could provide the Appellant assistance in obtaining any relevant medical records that may be available for the Veteran from Parkview Cancer Treatment Center in Fort Wayne, Indiana.  The record reflects the AOJ sent the Appellant two development letters seeking a records release prior to issuing a July 2021 supplemental statement of the case (SSOC) that notes the required release was not received; however, the record further shows the Appellant submitted the required release after the issuance of the July 2021 SSOC but prior to recertification of her appeal to the Board in August 2021.  As a result, this appeal must be returned to the AOJ for further assistance in obtaining any potentially outstanding private treatment records.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).

The matter is REMANDED for the following action:

1. Make reasonable efforts to assist the Appellant in obtaining any outstanding private treatment records that may be available for the Veteran pursuant to her July 2021 medical records release.

2. If any relevant records are obtained pursuant to the directive above, obtain an addendum to the July 2020 opinion that specifically addresses whether such records warrant revision of the previously provided opinion with a full rationale to support the conclusion in this regard.  If the author of the July 2020 opinion is unavailable or cannot otherwise provide the addendum, it may be obtained from another independent medical expert.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.