Citation Nr: 21008241 Decision Date: 02/12/21 Archive Date: 02/12/21 DOCKET NO. 18-54 945 DATE: February 12, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a respiratory disorder due to exposure to asbestos is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1946 to February 1949 and from January 1951 to October 1952. This matter is before the Board of Veterans, Appeals (Board) on appeal of a March 2016 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). 1. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. 2. Entitlement to service connection for a respiratory disorder due to exposure to asbestos is remanded. VA’s duty to assist requires efforts to ensure all available VA treatment records have been obtained and associated with the claims file. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016) (where Veteran “sufficiently identifies” other VA medical records that he or she desires to be obtained, VA must also seek those records); see also Bell v. Derwinski, 2 Vet. App. 611 (1992). In July 2015, the Veteran filed a claim seeking service connection for PTSD and for a respiratory disorder due to exposure to asbestos. His claim form indicated relevant VA treatment records were available at the VA James J. Howard Outpatient Clinic (Howard OPC) in Brick, New Jersey. In February 2016, VA treatment records from the Howard OPC, up to July 2015, were associated with the claims file. There is no indication VA requested updated treatment records from Howard OPC after February 2016. VA has not met its duty to assist and a remand is necessary to obtain these records. Id. While a remand is required to obtain outstanding VA medical records, the Board notes that the Veteran has a duty to assist and cooperate with VA in developing evidence. The duty to assist is not a one-way street. Wood v. Derwinski, 1 Vet. App. 190 (1991); Hayes v. Brown, 5 Vet. App. 60 (1993) (VA’s duty to assist is not a one-way street; if a veteran wants help, he cannot passively wait for it in those circumstances where his own actions are essential in obtaining evidence). Here, the Veteran did not respond to VA letters of December 2015 and January 2016 requesting information about his claimed exposure to asbestos and stressful incidents which resulted in PTSD. In December 2018, the Veteran requested a video conference hearing before the Board where he could “present his case.” In November 2020, VA notified the Veteran and his representative that a virtual tele-hearing had been scheduled in January 2019. The letter included instructions for connecting to the virtual hearing and for seeking technical assistance. In January 2020, the Veteran did not attend the scheduled hearing. There is no indication he experienced technical difficulties, requested assistance, or sought to reschedule his hearing. Accordingly, the Veteran is advised his failure to provide additional information to support his claim will result in his claims being considered based on the evidence or record, which may be insufficient to establish his claim. Id. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2015 to the present, including all records from the Howard OPC. 2. Contact the Veteran and request the information required to continue development of his claim for service connection for a respiratory disorder due to exposure to asbestos and for PTSD. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jeanne Celtnieks 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.