Citation Nr: 21062275
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-33 507
DATE: October 6, 2021

REMANDED

Entitlement to service connection for a lumbar disability is remanded.

Entitlement to service connection for a cervical disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1966 to August 1971.  This matter came before the Board of Veterans Appeals (Board) on appeal from a December 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  A March 2019 Board decision reopened the claim and remanded the issues on appeal for further development.

1. Entitlement to service connection for a lumbar disability

2. Entitlement to service connection for a cervical disability

An October 2019 VA examination referenced a private treatment record from October 1998 in both the neck and the back disabilities, but the Board's review indicates that it has not yet been associated with the claim file.  Remand is therefore required to obtain the referenced October 1998 records and associate them with the file. 

The March 2019 Board decision also asked that outstanding private treatment records from Dr. W.W. be obtained.  An October 2019 letter asked the Veteran to complete an authorization for private treatment records, but the record is silent for any response from the Veteran.  However, as the issues are already being remanded, the Board finds that the Veteran should be given an additional opportunity to provide the required releases so that there is a complete record upon which to decide the Veteran's claim and he is afforded every possible consideration.

The matters are REMANDED for the following action:

1.  Obtain the October 1998 private treatment records referenced in the October 2019 VA examination report and associate them with the claim file.

2. After obtaining the necessary information and authorization from the Veteran, undertake the necessary efforts to obtain records of the Veteran's treatment from, Dr. W.W., M.D., of Meridian Medical Associates, P.A.  If reasonable efforts prove unsuccessful, the Veteran should be notified and given an opportunity to obtain the records himself.  All records and/or responses received should be associated with the claims file.

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3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Bock

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.