Citation Nr: 21070849
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 15-45 455
DATE: November 26, 2021

REMANDED

Entitlement to an initial compensable rating for right testicle hypogonadism is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1968 to July 1971.  

In March 2021, the Board most recently remanded the current claim for additional development.  

Entitlement to an initial compensable rating for right testicle hypogonadism is remanded.

The record reflects that the Veteran received treatment at the Lexington Clinic through 2010 for his hypogonadism.  The record also reflects that the Veteran was seeing R.S., PA-C and Drs. K.G. and B.N.S. for his testicle disorders.  See September 2020 Private Medical Statement and September 2019 Correspondence.  Significantly, however, more recent treatment records from these providers have not been obtained or requested.  Accordingly, the Board finds that remand is warranted for additional development to attempt to obtain these records.

The Veteran is reminded, however, that, although VA has a duty to assist, the Veteran must cooperate fully with VA's reasonable efforts to obtain records and, if necessary, he must authorize the release of the existing records.  See 38 C.F.R. § 3.159(c)(1).  The duty to assist is a two-way street.  If the Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential to develop his claim.  See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).  Likewise, if the Veteran does not respond to VA's reasonable requests, nothing further will be done with respect to obtaining his private treatment records.

The matter is REMANDED for the following action:

Make reasonable efforts to obtain any outstanding and relevant VA or private treatment records, to include private treatment records from Lexington Clinic and from medical healthcare providers, to include R.S., PA-C and Drs. K.G. and B.N.S.  The assistance of the Veteran and/or his attorney should be requested to obtain copies of the pertinent private treatment records.  If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e).

 

 

D. SMART

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.