Citation Nr: 21067162 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 12-18 837 DATE: November 3, 2021 ORDER The December 2020 Board decision denying entitlement to a compensable rating for a right wrist ganglion cyst with residual scar is vacated. REMANDED Entitlement to a compensable rating for a right wrist ganglion cyst with residual scar is remanded. FINDING OF FACT A March 2019 Privacy Act request for records was not fulfilled prior to the issuance of the Board's December 30, 2020 decision. CONCLUSION OF LAW The December 2020 Board decision that denied entitlement to a compensable rating for a right wrist ganglion cyst with residual scar is vacated. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 1991 to June 1991. She also had additional service in the Army Reserves. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a March 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board. The requested hearing was conducted in November 2014 by the undersigned Veterans Law Judge. A transcript is associated with the claims file. In January 2015, the Board remanded this claim for additional development. In a July 2017 decision, the Board denied this claim. The Veteran appealed the July 2017 denial to the United States Court of Appeals for Veterans Claims (Court). In a November 2018 memorandum decision, the Court vacated the Board's decision and remanded the appeal back to the Board. In November 2019, the Board remanded this claim for additional development. VACATE 1. The December 30, 2020 Board decision is vacated. 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 (a); 38 C.F.R. § 20.904. At the time of the December 2020 Board decision, the record included a March 2019 Privacy Act request for records from the Veteran's claims file, which had not yet been fulfilled by VA. The Board finds that this action denied the Veteran due process of law. See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Accordingly, the December 2020 Board decision which denied entitlement to a compensable rating for a right wrist ganglion cyst with residual scar is vacated. REASONS FOR REMAND 2. Entitlement to a compensable rating for a right wrist ganglion cyst with residual scar. The Veteran seeks entitlement to a compensable rating for a right wrist ganglion cyst with residual scar. In August 2021, the Veteran submitted a release form (VA Form 21-4142a) informing VA of treatment she received for her disability at a private orthopedic facility. A letter from the Veteran's attorney was also received, dated August 2021, requesting that VA request and review the records as the Veteran's condition has worsened and her orthopedist has advised her to undergo an additional surgery. On remand, all appropriate steps should be taken to associate these records with the Veteran's file. The matters are REMANDED for the following action: Obtain and associate with the claims file all treatment records from the private orthopedic facility identified in the August 2021 VA Form 21-4142a. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. Notify the Veteran that she may also submit these treatment records herself. (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Andersen, 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.