Citation Nr: 21072499 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 19-31 409 DATE: December 3, 2021 REMANDED Entitlement to service connection for chronic kidney disease, to include as secondary to diabetes mellitus, type II, is remanded REASONS FOR REMAND The Veteran served on active duty from April 1980 to September 2005. This appeal stems from an October 2018 rating decision. A Board video-conference hearing was held in January 2021 before the undersigned Veterans Law Judge; a transcript of the hearing has been associated with the record. In April 2021, the Board remanded the claim to obtain an addendum medical opinion. On review, the Board finds that there was no substantial compliance with the Board's remand directives. Specifically, the April 2021 opinion is inadequate. In its April 2021 remand, the Board noted that a July 2018 examiner found the Veteran did not have a current diagnosis of kidney disease and that he had normal kidney function. However, the Board further noted that in 2016, the Veteran was diagnosed with chronic kidney disease on chronic dialysis. On remand, the Board asked that the examiner reconcile this diagnosis and explain how it has resolved or no longer showed any pathology. Nevertheless, despite identifying those records, the April 2021 examiner simply noted: per prior examination, no records were found in the claims file to support diagnosis of chronic kidney disease at any time and review of the claims file today confirmed that. The examiner added: Available claims file does not contain any private medical records. The Board again confirmed that those record are in fact associated with the claims file. At the very least, the 2021 examiner's review was cursory at best. The RO failed to ensure compliance with the Board's remand directives, and as such, an additional remand is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Ensure all outstanding VA treatment record are associated with the claims file. 2. Thereafter, obtain an addendum medical opinion from an appropriate VA examiner to help determine the likely etiology of the claimed kidney disease. The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials. The need for another examination is left to the discretion of the medical professional offering the addendum opinion. After a review of the record, the examiner is asked to respond to the following: The July 2018 VA examination found no evidence of chronic kidney disease. Please explain, to the extent possible, how the 2016 diagnosis of chronic kidney disease (that required dialysis) has apparently resolved. In doing so, the examiner should address:(i) the February2016 and June 2016 private treatment records from Dr. J.N.P. which note chronic kidney disease on chronic dialysis. See VBMS entry titled Medical Treatment Record - Non-Government Facility on 07/07/2016 and 06/20/2018. A complete rationale should be provided. 3. Thereafter, ensure compliance with the Board's remand directives, and readjudicate the remanded claim. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Yaffe, 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.