Citation Nr: 21076059 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 18-11 118 DATE: December 22, 2021 REMANDED Entitlement to service connection for a cardiac disorder, to include angina pectoris and coronary arteriosclerosis is remanded. Entitlement to service connection for a right shoulder disorder is remanded. Entitlement to service connection for a left shoulder disorder is remanded. Entitlement to service connection for a right elbow disorder is remanded. Entitlement to service connection for a left elbow disorder is remanded. Entitlement to service connection for a right hip disorder is remanded. Entitlement to service connection for a left hip disorder is remanded. Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a left knee disorder is remanded. Entitlement to service connection for a right ankle disorder is remanded. Entitlement to service connection for a left ankle disorder is remanded. Entitlement to service connection for chronic lumbar spine/lower back pain, to include myositis is remanded. Entitlement to service connection for a cervical spine/neck disorder, to include myositis is remanded. Entitlement to service connection for bronchitis is remanded. Entitlement to service connection for asthma is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for hypothyroidism is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder, anxiety and posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for memory loss disorder is remanded. Entitlement to special monthly compensation (SMC) based on housebound status and/or the need for aid and attendance is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1969 to February 1971. These matters were last before the Board of Veterans' Appeals (Board) in July 2019 and remanded to a Department of Veterans Affairs (VA) Regional Office (RO) for additional development. The Veteran is not represented by a Veterans' service organization or attorney at this time. Unfortunately, another remand is necessary in this case to obtain compliance with the July 2019 Board remand. The Board is aware of the delay inherent in yet another remand in this case and regrets such delay. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and to afford the Veteran every possible consideration. In the July 2019 remand, the Board specifically asked the agency of original jurisdiction (AOJ) to request from Dr. CEMQ a rationale to support each of the opinions he proffered in his October 2015 letter, including that the diagnoses listed in the letter are related to the Veteran's period of service. After a thorough search of the Veteran's claims file the Board has found no documentation showing the AOJ requested the information from Dr. CEMQ. A Board remand confers a right on the Veteran to compliance with the remand order, and the Board errs when it fails to ensure substantial compliance with a Board remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). On remand, the AOJ must comply with the Board's prior remand and request said rationales from Dr. CEMQ. The last known address for Dr. CEMQ is contained in the October 2015 letter. Moreover, the AOJ asked the Veteran to complete VA Form 21-4142, Authorization to Disclose Information to the VA, to obtain authorization to request treatment records from Dr. CEMQ. In compliance with the remand orders, the AOJ made two requests to the Veteran for the authorization form (requests made in December 2019 and January 2020). While the Veteran has responded to the AOJ by submitting the completed form, the information received from the Veteran is nonresponsive to the AOJ's requests. Since this matter is being remanded the Board will accord the Veteran another opportunity to complete VA Form 21-4142 to obtain authorization to request treatment records from Dr. CEMQ. The matters are REMANDED for the following action: 1. Ask the Veteran to complete VA Form 21-4142 to obtain authorization to request any treatment records from Dr. CEMQ. 2. Contact Dr. CEMQ (last known address is contain in the claims file) and request that he provide a clarification to his October 2015 letter. Specifically, request that he provide a rationale in support of each of the opinions contained in the October 2015 letter, including reference to the diagnoses listed in the letter as related to the Veteran's period of service. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Young, 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.