Citation Nr: 21007856 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 14-31 382A DATE: February 10, 2021 REMANDED Entitlement to payment or reimbursement for the cost of medical services received at Memorial Hospital of Gardena from October 3, 2007, to October 7, 2007, is remanded. REASONS FOR REMAND The Veteran had active service from October 1972 to October 1971. He died in December 2010. The original claim was submitted by Memorial Hospital of Gardenia, and the appellant subsequently assumed the claim on their behalf. This claim was previously before the Board in April 2018, at which time the Board remanded it for additional development. Additional development is needed before the claim can be decided on the merits. Entitlement to payment or reimbursement for the cost of medical services received at Memorial Hospital of Gardena from October 3, 2007, to October 7, 2007, is remanded. Documentation pertinent to the appeal is not in the electronic record. The record contains the July 2014 statement of the case (SOC) and the September 2014 substantive appeal (VA Form 9). The Board remanded the claim in April 2018 because the record does not contain the original denial letter, and any documents received in connection with the original claim, including treatment and billing records from Memorial Hospital of Gardena for the October 3, 2007 to October 7, 2007 treatment. On remand, the agency of original jurisdiction (AOJ) was to associate with the claims file all available documents relevant to the claim and request that Memorial Hospital of Gardena submit medical and billing statements. The AOJ submitted a written request to Memorial Hospital of Gardena for the Veteran’s records in May 2020. The AOJ was informed in June 2010 that no records were found. In June 2010 the AOJ informed the appellant in writing that most of the documents from the claims file could not be located by VA facilities. A request had been sent from the VA Office of the General Counsel to the Veterans Health Administration to rebuild the file. The appellant was asked to submit copies of the documents in their possession related to the claim. An additional letter was sent to the appellant in June 2010 regarding VA’s duty to assist them. The appellant was informed that while VA would assist in obtaining evidence, it is ultimately their responsibility to provide evidence to support the claim. On remand, the appellant should again be asked to submit any records in their possession. The record does not obtain any VA treatment records or administrative records contemporaneous to the October 2007 private treatment. It is not clear from the record whether the Veteran received any VA treatment contemporaneous to the October 2007 private treatment that could be relevant to the present claim. Any such VA records should be obtained on remand. The matters are REMANDED for the following action: 1. Request that the appellant submit any medical and billing records in their possession related to the Veteran’s treatment at Memorial Hospital of Gardena from October 3, 2007, to October 7, 2007. 2. Obtain all VA treatment records from January 2007 to December 2010. If no such records exist, this should be documented in writing in the claims file. 3. Obtain all VA telephone or administrative records for the Veteran for the period from October 1, 2007, through December 31, 2008. If no such records exist, this should be documented in writing in the claims file. 4. Thereafter, readjudicate the claim. If the benefit sought on appeal is not granted to the appellant’s satisfaction, a supplemental statement of the case should be issued to the appellant, they should be afforded the requisite opportunity to respond, and the case should thereafter be returned to the Board for further appellate action. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Scott Shoreman, 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.