Citation Nr: 21006942 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 12-20 073 DATE: February 8, 2021 REMANDED Entitlement to service connection for a respiratory disorder is remanded. Entitlement to service connection for obstructive sleep apnea is remanded. Entitlement to service connection for a heart disorder, including secondary to hypertension or obstructive sleep apnea, is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for hypothyroid disorder, including secondary to hypertension, is remanded. REASONS FOR REMAND The Veteran served honorably on active duty from January 1980 to January 1983 with additional Reserve service. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Columbia, South Carolina. In March 2013, the Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge (VLJ). The Veteran died on April [REDACTED], 2017. In January 2020, the RO informed the appellant that she was eligible as a valid substitute in place of the Veteran for the issues on appeal. Service Connection Remand is required for all issues on appeal to obtain outstanding service records. The Board is obligated by law to ensure that the RO complies with its directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance. Stegall, 11 Vet. App. at 271. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2020). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records, VA medical records, records from facilities with which the VA has contracted, and records from Federal agencies such as the Social Security Administration. 38 C.F.R. § 3.159(c)(2). VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them. 38 C.F.R. § 3.159(c)(2). The issues were remanded in December 2014 for outstanding service treatment records (STRs), and service personnel records (SPRs) including verification of all dates of active duty, active duty for training, and inactive duty for training. The RO was instructed to contact Records Management Center (RMC). Additionally, the RO was instructed to document the development and make a formal finding if records were unavailable. A March 2016 request is documented in the file but there is no other information or a formal finding. The partial STRs included in the file were supplied by the Veteran. Accordingly, remand is required to obtain the STRs and verify periods of service. The matters are REMANDED for the following action: 1. Obtain the Veteran’s service personnel records (SPRs) and verify all periods of active duty, active duty for training (ACDUTRA), and inactive duty for training (INACDUTRA), through all appropriate sources. A retirement points summary is not enough, the specific dates must be verified, and records obtained. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the appellant and her representative. 2. Obtain the Veteran’s complete service treatment records (STRs). If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the appellant and her representative. 3. If any additional and relevant STRs are associated with the claims file, obtain an addendum opinion regarding the etiology of the respiratory disorder from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the respiratory disorder had onset in, or is otherwise related to, active service. The examiner must address the following: 1) Veteran’s assertion regarding onset and continuation of coughing, to include coughing during active duty after exertion, 2) March 2013 Buddy statement, and 3) any relevant STRs added as a result of this remand. 4. If any additional and relevant STRs are associated with the claims file, obtain an addendum opinion regarding the etiology of the obstructive sleep apnea from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the obstructive sleep apnea had onset in, or is otherwise related to, active service. The examiner must address the following: 1) Veteran’s assertion regarding onset and continuation of coughing, to include coughing during active duty after exertion, and 2) any relevant STRs added as a result of this remand. 5. If any additional and relevant STRs are associated with the claims file, obtain an addendum opinion regarding the etiology of the heart disorder from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the heart disorder had onset in, or is otherwise related to, active military service. The examiner must also provide an opinion whether it is at least as likely as not (50 percent or greater probability) that the heart disorder is caused or aggravated by the obstructive sleep apnea or hypertension. The examiner must specifically the following: 1) March 2013 Buddy statement, and 2) any relevant STRs added as a result of this remand. 6. If any additional and relevant STRs are associated with the claims file, obtain an addendum opinion regarding the etiology of the hypertension from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the hypertension had onset in, or is otherwise related to, active service. The examiner must address the following: 1) March 2013 buddy statement and 2) any relevant STRs added as a result of this remand. 7. If any additional and relevant STRs are associated with the claims file, obtain an addendum opinion regarding the etiology of the hypothyroid disorder from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the hypothyroid disorder had onset in, or is otherwise related to, active military service. The examiner must also provide an opinion whether it is at least as likely as not (50 percent or greater probability) that the hypothyroid is caused or aggravated by hypertension. The examiner must address any relevant STRs added as a result of this remand. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Bruton, 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.