Citation Nr: 21069879 Decision Date: 11/22/21 Archive Date: 11/22/21 DOCKET NO. 15-27 402A DATE: November 22, 2021 REMANDED Whether new and material evidence exists to reopen a claim for entitlement to service connection for a refractive disorder (eye condition) is remanded. Whether new and material evidence exists to reopen a claim for entitlement to service connection for a left ankle condition is remanded. Whether new and material evidence exists to reopen a claim for entitlement to service connection for bilateral shin splints is remanded. Entitlement to service connection for a weight disorder is remanded. Entitlement to service connection for a sleep disorder, to include sleep apnea is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to service connection for a right ankle condition is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Marine Corps from June 1988 to November 1992. These matters come to the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran did not request a personal hearing before the Board. These matters were previously before the Board, and in October 2018 and June 2020, the Board remanded these matters for further development. 1. Whether new and material evidence exists to reopen a claim for entitlement to service connection for a refractive disorder (eye condition) is remanded. 2. Whether new and material evidence exists to reopen a claim for entitlement to service connection for a left ankle condition is remanded. 3. Whether new and material evidence exists to reopen a claim for entitlement to service connection for bilateral shin splints is remanded. 4. Entitlement to service connection for a weight disorder is remanded. 5. Entitlement to service connection for a sleep disorder, to include sleep apnea is remanded. 6. Entitlement to service connection for hypertension is remanded. 7. Entitlement to service connection for an acquired psychiatric disorder is remanded. 8. Entitlement to service connection for a right ankle condition is remanded. Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issues of new and material evidence and service connection referenced above. Another remand is required. Stegall v. West, 11 Vet. App. 268 (1998). The Board previous remand sought to obtain outstanding VA treatment records from 1992 to 2011. The remand directives specifically instructed the RO to: Obtain the Veteran's VA treatment records for the period from 1992 to the present. In attempting to secure these records the RO must request records using all names used by the appellant (including [H.A.C.]). If the RO cannot locate such records, it must specifically document the attempts that were made to locate them and explain in writing why further attempts to locate or obtain any government records would be futile. The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims. The claimant must then be given an opportunity to respond. On June 18, 2020, the RO issued a letter which stated in pertinent part: We have retrieved all VA Healthcare records from 1992 - present. If you have any additional private treatment records that we do not have on file please fill out attached VA Forms 4142/4142a for VA's authorization to retrieve these records from the private treatment facilities (non-VA) that you have been treated at that are not already on file. If you have not been treated privately, please disregard this letter and your claim will continue to be processed. On June 22, 2021, the RO issued a letter which stated in pertinent part "We have requested Cleveland VA treatment records for the period from 1992 to the present." The Board specifically directed that the search for the outstanding records be conducted using all names used by the Veteran. While some records using the under the name H.A.C. have been associated with the claims folder. It is unclear if these records are the complete VA records under this name. Additionally, the RO did not indicate whether or not there were any additional records that could not be located (such as records under the Veteran's various aliases/names). Therefore, this matter must be remanded in order to ensure substantial compliance with the Board's previous remand instructions. See Stegall. The matters are REMANDED for the following action: Obtain the Veteran's VA treatment records for the period from 1992 to the present. In attempting to secure these records the RO must request records using all names used by the appellant (including H.A.C.). Documentation of each VA facility contacted and the name under which the request was made should be included in the claim folder. If the RO cannot locate such records, it must specifically document the attempts that were made to locate them and explain in writing why further attempts to locate or obtain any government records would be futile. The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims. The claimant must then be given an opportunity to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David R. Seaton, 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.