Citation Nr: 21070593
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 15-01 714A
DATE: November 24, 2021

REMANDED

The claim of entitlement to service connection for lung cancer is remanded.

The claim of entitlement to service connection for brain cancer is remanded.

The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1974 to March 1977.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).  

In February 2018, the Veteran testified in a hearing before the Board.  A transcript of the hearing is included in the electronic claims file and has been reviewed.  

The Board denied the claims on appeal in a September 2018 decision the Veteran appealed to the U.S. Court of Appeals for Veterans Claims (Court).  In May 2019, pursuant to a joint motion for partial remand, the Court vacated the decision and remanded the claims for further consideration.  In response, in December 2019 and January 2021, the Board remanded the matter for additional development.  

Another remand is necessary.  

Pursuant to the January 2021 remand, the RO conducted extensive development into the claim.  The record indicates, however, that a response is still pending from a source which may have evidence relevant to the claim.  In a September 2021 letter, Headquarters, U.S. Army Medical Command requested information from the U.S. Army Public Health Center at Aberdeen Proving Ground, Maryland.  The supplemental statement of the case did not discuss this aspect of the development.  And the record does not otherwise indicate that the latter command has responded to the request.  As such, a remand is warranted.  See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding veterans are entitled to compliance with Board remand instructions)

The matters are REMANDED for the following action:

Readjudicate the claims on appeal, once the U.S. Army Public Health Center has responded to the September 2021 request, and once development under 38 C.F.R. § 3.311 (as detailed in the January 2021 remand) has been completed.  

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher McEntee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.