Citation Nr: 21076509
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 15-11 051
DATE: December 27, 2021

REMANDED

Entitlement to service connection for deviated septum is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1989 to September 1998; from October 2001 to April 2003; and from June 2008 to June 2009.  The Board sincerely thanks the Veteran for his service to our country.

This appeal comes before the Board of Veterans' Appeals (Board) from a July 2013rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board observes that the Veteran's representative submitted correspondence to VA in January 2021 requesting that VA sever the POA agreement between the Veteran and herself. The Board finds that this attempt to withdraw is inadequate under 38 C.F.R. § 20.6, as it does not show good cause for the withdrawal or include a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the Veteran, setting forth the address to which the copy was mailed.

 

1. Entitlement to service connection for deviated septum is remanded.

In October 2021, the Veteran reported that he had surgery on his nose on October 19, 2021 at Lubbock, TX VAMC but was referred to the Texas Tech Health science center (ENT), listed as the surgery pavilion.  The Veteran also reported that the surgeon referred the Veteran to an allergist.  In this regard, the Lubbock, TX records are relevant VA medical records which are constructively within VA's possession.  Therefore, remand is necessary to obtain and consider them as part of the Veteran's appeal for service connection for a deviated septum.  Further, as the Veteran has adequately identified private treatment records relevant to claim at hand, attempts should be made to associate such treatment records with the claims file.

The matters are REMANDED for the following action:

1. Please obtain all updated treatment records concerning the Veteran's deviated septum since March 2021, including nasal surgery at Lubbock, TX VAMC in October 2021.

2. Please ask the Veteran to complete a VA Form 21-4142 for outstanding records for any relevant private medical providers, to include outstanding records from his private allergist and Texas Tech Health science center (ENT). 

 

Make two requests for the authorized records from any identified medical providers, unless it is clear after the first request that a second request would be futile.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	O. Halpern

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.