Citation Nr: 21063208 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 13-30 823 DATE: October 13, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The appellant is the surviving spouse of a Veteran who served on active duty from February 1980 to February 1983. The Veteran died in April 2011. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2012 rating decision, which denied service connection for the cause of the Veteran's death. In March 2015, a Travel Board hearing was held before the undersigned; a transcript is in the record. In December 2015, the Board remanded the claim for additional development. In September 2017, the Board denied service connection for the cause of the Veteran's death. The appellant appealed the September 2017 Board decision to the U.S. Court of Appeals for Veterans Claims (CAVC). An April 2019 CAVC Memorandum Decision vacated the Board's decision and remanded the matter of service connection for the cause of the Veteran's death to the Board for further development and readjudication. In October 2019, the Board remanded the matter for additional development in compliance with the Memorandum Decision. A September 2020 Board decision denied service connection for the cause of the Veteran's death. The appellant again appealed to the CAVC, resulting in a June 2021 Joint Motion for Remand (JMR) by the parties. A June 2021 CAVC Order remanded the matter for action consistent with the terms of the JMR. Entitlement to service connection for the cause of the Veteran's death In the June 2021 JMR, the parties agreed that vacatur and remand is warranted because the Board did not ensure substantial compliance with the terms of the CAVC's April 2019 Memorandum Decision. The CAVC previously found that VA failed to obtain all of the Veteran's service treatment records (STRs) and remanded the claim to the Board. In October 2019, the Board remanded the claim for an exhaustive search for any outstanding STRs pertaining to the Veteran (including a February 1983 service separation examination report) under another Social Security number (SSN) beginning with 324. [The appellant had testified that some of the Veteran's military personnel records show his SSN was transposed at times during service.] In March 2020, VA received a negative reply which states that all available personnel documents and/or STRs were uploaded to the record. The parties to the June 2021 JMR agree that because the "March 2020 response indicates that there was no further inquiry by VA to find these specific records, as ordered by the [CAVC] in its April 2019 Decision, it is unclear whether VA substantially complied with the prior remand orders." [The Board notes that June 2020 VA correspondence advised the appellant of the several actions VA had taken to search for any outstanding STRs and personnel records.] Although the September 2020 Board decision noted that all available STRs and personnel records were already uploaded to the Veteran's electronic file, the parties agreed that "remand is warranted for the Board to undertake the necessary development in an attempt to obtain all of the Veteran's STRs, including the 1983 separation examination. VA is again directed to search for records beginning with Social Security number 324, in compliance with the April 2019 Memorandum Decision and the October 2019 Board remand." The matter is REMANDED for the following: 1. Arrange for an exhaustive search of all applicable service records depositories to secure for the record the Veteran's complete military personnel records and STRs (any not already associated with the record), including specifically a reported February 1983 service separation examination report, under an alternative SSN beginning with 324 (as noted above). Confirm that the Veteran's proper identifying information is used in the search. The search should encompass all storage facilities where such records may have been retired. Prepare a memorandum for the record that describes the scope of the search conducted. If the records cannot be located because they are irretrievably lost or destroyed (or did not exist), it should be so certified, and the appellant should be so notified. [The AOJ is advised that merely reporting that the Veteran's STRs/personnel records have already been uploaded to the electronic record will not substantially comply with this directive, and the appeal will be returned for additional action consistent with this directive.] 2. Thereafter, review the record and arrange for any further development suggested by the results of the development sought above (e.g., an addendum advisory medical opinion regarding the etiology of the Veteran's coronary artery disease (the immediate cause of death) or hypertension (a contributing cause of death), if additional STRs/personnel records are received pursuant to the development sought above). GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Dupont, 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.