Citation Nr: 21062931 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 17-20 741 DATE: October 12, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran had active service from January 1978 to January 1981. He died in May 2010, and the appellant is his surviving spouse. This case comes to the Board of Veterans' Appeals (Board) on appeal from an Agency of Original Jurisdiction (AOJ) decision dated in April 2016. The appellant testified before the undersigned Veterans Law Judge at a March 2020 hearing; a transcript of the hearing is of record. The Board remanded this case to the AOJ for additional development in April 2020, and the case was subsequently returned to the Board. 1. Entitlement to service connection for the cause of the Veteran's death is remanded. The appellant contends that service connection for the cause of the Veteran's death should be granted because his death was due to his mental state. She asserts that his service-connected posttraumatic stress disorder impaired his judgment and led to his death. See May 2016 notice of disagreement, March 2020 Board hearing transcript. The appellant was not present at the time of the Veteran's death, and the Board previously remanded this appeal to obtain a copy of the Veteran's autopsy report, and a complete police and/or investigative report, if available. While further delay is regrettable, the Board finds that remand is required as there was inadequate compliance with the Board's prior remand instructions. See Stegall v. West, 11 Vet. App. 268 (1998). Specifically, the above records have not been obtained, and it does not appear that the AOJ attempted to obtain them, other than by contacting the appellant. Additionally, the AOJ's June 2020 letter to the appellant requesting such records was returned as undeliverable. Another attempt should be made to obtain these records, including by contacting the appellant at her most recent address of record. 38 C.F.R. § 3.159 (c)(1). The appellant is advised that the duty to assist is not always a one-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). A claimant must cooperate when she is asked for information that is essential in obtaining the evidence to substantiate her claim. See 38 C.F.R. § 3.159 (c)(1)(i). The Veteran's electronic VA medical records include a May 2010 scanned fee basis administrative note, dated on the day of the Veteran's death, indicating that a record is located in Vista. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain this record and associate it with the claims file. It appears that there are outstanding private medical records. The Veteran's death certificate and the May 2010 one-page police report on file reflect that the Veteran was transported to Temple University Hospital and treated by Dr. P. prior to his death. A remand is required to allow VA to obtain authorization and request these records. Two VA examiners have indicated that they cannot provide an opinion without more documentation of the circumstances of the Veteran's death. If any additional records are obtained on remand, a supplemental VA medical opinion should be obtained. The matters are REMANDED for the following action: 1. Obtain a copy of the scanned document(s) (possibly in Vista) that are referenced in a May 2010 scanned fee basis note in CAPRI. 2. Ask the appellant to complete a VA Form 21-4142 for Temple University Hospital, relating to treatment of the Veteran in May 2010. Make two requests for the authorized records from Temple Hospital, unless it is clear after the first request that a second request would be futile. 3. Obtain a copy of the Veteran's autopsy report and associate it with the claims file. Document all requests for information as well as all responses in the claims file. 4. Attempt to obtain a detailed police and/or investigative report relating to the Veteran's death. If such report is unavailable, this fact should be documented in the claims file, and the appellant should be notified. (Continued on the next page) 5. If (and only if) any additional records are obtained, obtain a supplemental VA medical opinion from an appropriate clinician regarding whether it is at least as likely as not that the Veteran's service-connected disabilities, to include PTSD, either caused or contributed substantially or materially to the cause of the Veteran's death. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. L. Wasser, 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.