Citation Nr: 21063341 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 13-34 598 DATE: October 14, 2021 ORDER The August 17, 2020 Board of Veterans' Appeals (Board) decision concerning entitlement to service connection for a back disability, an acquired psychiatric disorder, and left leg disability is vacated. REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection for a left leg disability, to include as secondary to a back disability, is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include adjustment disorder with depressed mood, is remanded. FINDING OF FACT Following the issuance of the August 17, 2020 decision, the Board was notified that the Veteran died in August 2020. CONCLUSION OF LAW The criteria for vacating the August 17, 2020 Board decision have been met. 38 U.S.C. § 7104; 38 C.F.R. § 20.1000. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1974 to July 1975. Unfortunately, the Veteran died in August 2020. The Veteran's surviving spouse (the appellant) has been granted substitution of claimant upon his death for purposes of processing his appeal to completion. See August 2021 VA correspondence. This matter comes before the Board on appeal from a July 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office. In June 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the proceeding is associated with the claims file. The Board remanded the matter in November 2017 for further development, to include obtaining service treatment records. In a December 2018 decision, the Board denied the claims for service connection for a back disability, left leg disability, and acquired psychiatric disorder. The Veteran appealed the denials to the United States Court of Appeals for Veterans Claims (Court). In a February 2020 memorandum decision, the Court found that the Board failed to adequately discuss whether the RO substantially complied with the remand directives to obtain service hospital records pertaining to the Veteran's claimed in-service injury. Thus, the Court vacated the Board's December 2018 denials and remanded the matter to the Board. Vacatur The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104; 38 C.F.R. § 20.1000. The Veteran passed away in August 2020, i.e., prior to the issuance of the Board's August 17, 2020 decision remanding entitlement to service connection a back disability, left leg disability, and acquired psychiatric disorder. As the Board did not have jurisdiction to adjudicate the issues at that time, the issuance of the Board's August 2020 decision constitutes an error requiring vacatur. Accordingly, the August 17, 2020 Board decision is vacated in its entirety. REASONS FOR REMAND Entitlement to service connection for back disability, acquired psychiatric disorder, and left leg disability The Veteran reported that he injured his back and leg in an in-service fall, or alternatively that his leg disability was secondary to his back disability, and that his psychiatric condition was secondary to his back and/or leg disabilities. Accordingly, these matters are inextricably intertwined and must be remanded concurrently. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). In the November 2017 Board remand, the Board directed the RO to obtain all available service hospital records from all periods of verified service, and specifically indicated interest in records from Walson Army Hospital from May 1975 to July 1975. On remand, the RO only requested records from Walson Army Hospital from May 1975 to July 1975. However, in a July 2020 correspondence, the Veteran's representative contended that the Board must obtain service hospital records from his entire period of verified active-duty service because the Veteran did not remember, and the record did not show, when the claimed in-service incident occurred. Accordingly, the Board finds that remand is warranted in order to obtain all of the Veteran's service hospital records. The matters are REMANDED for the following action: 1. Obtain all available service hospital records, including from Walson Army Hospital, from all periods of verified active duty service. Document all requests for information as well as responses in the claims file. 2. Thereafter, complete any other development, based on the above development, to include new VA medical opinions if indicated. Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Robinson, 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.