Citation Nr: 21070180
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 16-26 581
DATE: November 23, 2021

REMANDED

Entitlement to service connection for gynecological disabilities, to include changes in menstrual cycle, endometriosis, uterine polyps, and infertility, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 2005 to May 2006 and from October 2011 to October 2012.  Service in the Southwest Asia theatre of operations during the Persian Gulf War has been conceded.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO).  In a July 2019 Decision, the Board denied the Veteran's claim.  The United States Court of Appeals for Veterans' Claims (Court) remanded the matter in June 2020 pursuant to the terms of the parties Joint Motion for Partial Remand (JMPR).  The Board has previously remanded the case for additional development in December 2020 and June 2021.  

Unfortunately, while the Board regrets any further delay in adjudicating the Veteran's claim, another remand is required.  In remanding this matter, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions.  Neither the Veteran's credibility nor any lack thereof should be presumed in this remand.

Entitlement to service connection for gynecological disabilities, to include changes in menstrual cycle, endometriosis, uterine polyps, and infertility, is remanded.

The Veteran seeks service connection for gynecological disabilities, to include changes in menstrual cycle, endometriosis, uterine polyps, and infertility, which she contends is related to exposure in service to environmental hazards.

VA outpatient treatment records reflect that the Veteran has reported treatment by a private gynelcologist, Dr. G.Allen.  See CAPRI (January 2021). However, it does not appear that records from this provider have been associated with the Veteran's claims file or that the RO has made any attempt to obtain these records, which are potentially relevant to the Veteran's claim for gynecological disabilities.  As there are relevant outstanding private treatment records, a remand is required to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for Dr. G. Allen, OB-GYN.  Make two requests for the authorized records from this provider, unless it is clear after the first request that a second request would be futile.  All efforts to obtain these records should be documented, and if no records can be obtained, a formal finding of unavailability should be associated with the Veteran's claims file.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E.D. Anderson, 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.