Citation Nr: 21074281 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 14-24 377A DATE: December 14, 2021 REMANDED Entitlement to service connection for a lung condition, hypertension, and skin cancer are remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1964 to June 1968. These matters come before the Board of Veterans' Appeals (Board) on appeal of a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran died in July 2016. The appellant, the Veteran's surviving spouse, is a substitute claimant for accrued benefits purposes. See April 2020 Administrative Decision. The appellant has been substituted as the claimant for the purposes of processing the Veteran's pending appeals to completion. 38 U.S.C. § 5121A. The Veteran requested a hearing before a Veteran's Law Judge in his July 2014 substantive appeal. A hearing was scheduled for August 5, 2021. However, in a July 2021 written statement, the appellant through her representative, withdrew the request for a hearing. Thus, the hearing request is withdrawn. 38 U.S.C. § 20.704. The Board notes that the appellant is also the substitute claimant in a pending AMA claim for increased ratings for the Veteran's service-connected PTSD. That matter is not before the Board at this time. As a preliminary matter, it is valuable to note that the Veteran was already found to be 100 percent disabled by VA for the pendency of his claims. In a June 2020 rating decision, the appellant was awarded accrued benefits based on entitlement to an earlier effective date for the Veteran's service-connected ischemic heart disease. The Veteran was awarded a 100 percent disability rating from September 1, 2011, the date upon which the Veteran initially filed his service connection claims. Prior to the June 2020 rating decision, the Veteran had a combined evaluation of 50 percent from September 1, 2011, and 100 percent from October 1, 2012. Entitlement to service connection for a lung condition, hypertension, and skin cancer. The Veteran filed claims for entitlement to service connection for a lung condition, hypertension (initially claimed as "arteries and veins, hypertension"), and skin cancer (initially claimed as "skin, tumor condition") that were received by the VA on September 1, 2011. In May 2011 and October 2012, the Veteran submitted four VA Form 21-4142s (Authorization and Consent to Release Information to the VA) and related correspondences, identifying relevant outstanding private treatment records for all the claims on appeal. In a January 2014 notification, VA requested new VA Form 21-4242s as the previously submitted forms had exceeded the allowable time limits to submit to the Veteran's health care providers. In February 2014, the Veteran submitted new and updated VA Form 21-4242s, as requested, for the previously identified private treatment records. The record indicates that no attempts were made to obtain these private treatment records. Rather, the June 2014 Statement of the Case (SOC) incorrectly stated that the Veteran had never submitted updated VA Form 21-4142s, as requested in the January 2014 notification. The SOC stated that the RO was, therefore, unable to request the private records on the Veteran's behalf. Additionally, the Board also notes that, as indicated in his VA treatments records, the Veteran received nearly all of his medical treatment from private health care providers. Considering the above, the Board finds that a remand is necessary to attempt to obtain the outstanding private treatment records identified by the Veteran. If possible, these records should be submitted to the Board by the representative or the spouse of the Veteran. Any help in this matter would be appreciated. These matters are REMANDED for the following action: (Continued on the next page) 1. Obtain the Veteran's updated VA treatment records and associate them with the evidence of record. After obtaining all needed authorizations from the appellant, associate with the claims file any outstanding private treatment records, including those identified in the Veteran's previously submitted VA Form 21-4142s. If possible, the appellant should submit these records (if any), and any other new treatment for the claimed conditions, herself, to expedite the case. Any assistance on this issue would be appreciated. 2. After completion of the aforementioned, the agency of original jurisdiction (AOJ) should readjudicate the issues on appeal. If the benefit sought on appeal is not granted, then the AOJ should provide the appellant with a supplemental statement of the case and afford her the appropriate opportunity to respond thereto. Thereafter, the case must be returned to the Board for further appellate review. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. VanValkenburg, Associate 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.