Citation Nr: 21009955
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 15-42 479A
DATE: February 23, 2021

REMANDED

Entitlement to payment or reimbursement for the costs of medical services provided at Baptist Hospital in Pensacola, Florida on January 5, 2015 is remanded.

REASONS FOR REMAND

In September 2018 the Board denied the claim for payment or reimbursement for the costs of medical services provided at Baptist Hospital.  After a joint motion for remand (JMR) was submitted, in June 2020 the Court of Appeals for Veterans Claims (CAVC) vacated the September 2018 Board denial.  In the JMR the parties agreed that the Board failed to ensure that VA satisfied its duty to assist, as the Veteran’s medical treatment records proximate to his January 5, 2015 emergency room visit to the Baptist Hospital were not part of the file, and there was no indication that any attempts were made to obtain these records.  Specifically, the Veteran provided statements indicating having communication and treatment with VA prior to January 5, 2015.  Upon review of the record, the most recent VA treatment records associated with the file is dated December 2014.  A remand is required in order to comply with the JMR and to obtain these documents. 

The matter is REMANDED for the following action:

The AOJ should take all reasonable efforts to obtain any and all outstanding VA treatment records, to include any records from a Dr. G at the VA.  Specifically, the AOJ should take efforts to locate VA treatment records dated from December 2014 to present, to include records dated January 2015. 

All efforts should be documented.  If any records cannot be obtained after reasonable efforts have been made, notify the Veteran and his representative of the attempts made and allow him the opportunity to obtain the records himself.

Invite the Veteran to identify and submit any private medical documentation substantive to his claim.  

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Talamantes

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.