Citation Nr: 21072208 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 17-44 776 DATE: December 2, 2021 REMANDED Entitlement to service connection for residuals of a miscarriage, to include as due to Camp Lejeune contaminated water exposure is remanded. Entitlement to service connection for female infertility, to include as due to Camp Lejeune contaminated water exposure is remanded. REASONS FOR REMAND The Veteran honorably served on active duty in the United States Marine Corps from April 1987 to April 1989. This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified at a virtual hearing held before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. During the hearing, the Veteran waived regional office initial review of evidence received after the July 2017 statement of the case (SOC). Also, during the hearing, the VLJ granted the Veteran's motion to hold the record open for 60 additional days after the hearing. In September 2021, the Veteran submitted a statement requesting an additional 30 days for submission of medical evidence. In October 2021, VA granted the Veteran's 30-day request for an extension. However, the Veteran did not submit any new medical evidence. 1. Entitlement to service connection for residuals of a miscarriage, to include as due to Camp Lejeune contaminated water exposure is remanded. 2. Entitlement to service connection for female infertility, to include as due to Camp Lejeune contaminated water exposure is remanded. The Veteran is seeking service connection for residuals of a miscarriage and female infertility due to her exposure to contaminated water at Camp Lejeune. The Veteran contends that she suffered a miscarriage in 1997 after having twins in 1995, and that she subsequently had problems with female infertility. VA has already conceded the Veteran's exposure to contaminated water at Camp Lejeune. See January 2016 Rating Decision. During the Veteran's hearing, the Veteran stated that she had medical records from her miscarriage in 1997 with a private care provider. She also stated that she had an upcoming appointment with the OBGYN at UMC. In a September 2021 Statement in Support of Claim, the Veteran stated that her medical records for the 1990s were at the hospital, and when the records were found, they would contact her. The Board finds that these private medical records are not of record in the claims file. Therefore, a remand is warranted to obtain these medical records. Additionally, there has been no VA examination performed or medical opinion rendered. The Board finds that there is sufficient evidence to trigger VA's duty to assist to provide VA examinations. See McLendon v. Nicholson, 20 Vet. App. 79, 81-84 (2006). Accordingly, a remand is warranted for VA examinations consistent with the directives herein. The matters are REMANDED for the following action: 1. Request that the Veteran complete and return a VA Form 21-4142 (Authorization and Consent to Release Information to VA) to obtain medical records from any private treatment provider, to include UMC, regarding the Veteran's miscarriage and infertility from January 1990 to present. If any of these records cannot be obtained, it should be documented. 2. After the above development has been completed, schedule the Veteran for a VA examination to determine the nature and etiology of her claimed residuals of a miscarriage and female infertility. All necessary examinations must be performed. The VA examiner must review the claims file and a copy of this remand. The examiner must address the following: (a.) Is it at least as likely as not that the Veteran's claimed residuals of a miscarriage and female infertility are related to her exposure to contaminated water at Camp Lejeune? The Board concedes exposure to contaminated water at Camp Lejeune. (Continued on next page) All opinions must be supported by a sufficient rationale. A negative opinion cannot be solely based on an absence of medical evidence. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Crawford, 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.