Citation Nr: 21008131
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 19-27 933
DATE: February 11, 2021

REMANDED

Service connection for a bilateral foot disability (other than pes planus), to include as secondary to pes planus, is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty from November 1968 to June 1970.

This matter was most recently remanded by the Board in June 2020. The appeal has returned for further appellate consideration. 

The 2020 Board remand directed the Agency of Original Jurisdiction (AOJ) to undertake reasonable efforts to obtain outstanding private treatment records, dated from 1971 to 2016. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c). This includes making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159 (c)(1). Reasonable efforts generally include an initial request and at least one follow up. Here, in an August 2020 post-remand development letter, the RO requested that the Veteran submit the private records, and enclosed VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs.  There is no evidence that the letter was returned as undeliverable, and it was sent to Veteran’s current address of record. 

The Veteran, however, has steadfastly maintained that he did not receive the August 2020 letter (he concedes that he received other VA correspondence (e.g., SSOC)), and that VA has failed its duty to assist by not making reasonable attempts to obtain the records and failing to make a follow-up request for them.  Nor, according to the Veteran, did VA inform him of its inability to obtain the private treatment records.  On remand, VA should send a follow up letter to the Veteran requesting the identified records.

The matter is REMANDED for the following action:

Make another request for the private treatment records, dated from 1971 to 2016, and inform the Veteran he may directly submit those records himself. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file.  All attempts to secure this evidence should be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carole Kammel, 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.