Citation Nr: 21011886 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 14-11 015A DATE: March 2, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for coronary artery disease (CAD) with cardiac arrhythmia, status post myocardial infraction and coronary bypass surgery (heart disability), from November 6, 2002 to June 24, 2003, and in excess of 60 percent from November 1, 2003 to January 23, 2006, is remanded. Entitlement to an initial compensable rating, from July 18, 2003 to July 12, 2011, and in excess of 20 percent for scars, from July 12, 2011, for painful scars of the sternum and right leg, as residuals of coronary artery bypass, to include right ankle and foot pain (scars), is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from March 1967 to March 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The claims were denied by the Board in a January 2018 decision. In response to the January 2018 decision denying the claims, the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In October 2018, the Court granted a Joint Motion Remand (JMR) filed by the parties, which directed a remand of the January 2018 decision addressing the claims. Following the JMR, this matter was previously before the Board in May 2019 and October 2020, when it was remanded for further development. REASONS FOR REMAND The Board regrets the additional delay, but it must, once again, remand the instant claims before they can be adjudicated. This appeal was previously before the Board in May 2019, at which time it was remanded to the agency of original jurisdiction (AOJ) for further development consistent with the terms of the October 2018 JMR. Specifically, in the October 2018 JMR, the parties agreed that further development was necessary in order to obtain images that had been scanned into VistA, but were not subsequently obtained and made part of the claims file. As such, the Board remanded the claim to the AOJ so that these records could be obtained and associated with the claims file. Although VA treatment records were associated with the claims file in December 2019 and January 2020, the records identified by the October 2018 JMR were not associated with the claims file. For example, in the October 2018 JMR, the parties highlighted VA treatment records which noted that Holter monitor results from December 2003 and April 2006 as well as a March 2005 cardiac catheter flowsheet that were available in VistA imaging. The parties also highlighted pain clinic reports from December 2011, February 2012, April 2012, May 2012, June 2012, July 2012, October 2012, November 2012, and February 2013 that were scanned into VistA imaging, but were not associated in the claims file. In October 2020, the Board again remanded the claim so that the above-named records could be obtained. More records, to include pain clinic report records, were associated with the claims file in October 2020. Unfortunately, the records associated with the claims file in appear to once again be incomplete. Per the AOJ, the records do not contain the cardiac catheter flowsheet dated March 8, 2005. See Supplemental Statement of the Case, November 4, 2020. These records are relevant to the claims on appeal and must be obtained. The Board notes that although the November 2020 Supplemental Statement of the Case indicates that the Holter reports dated in December 2003 and April 2006 were not received, such are located in the VA treatment records uploaded into the record in October 2020. Because the VA treatment records currently associated with the claims file still appear to be incomplete, and to ensure substantial compliance with the terms of the October 2018 JMR and the May 2019 and October 2020 remands, efforts must be made to obtain the records identified in the October 2018 JMR, as well as any updated VA treatment records. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. See Bell v. Derwinski, 2 Vet. App. 611 (1992) (holding that VA is charged with constructive notice of medical evidence in its possession), Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. Specifically, obtain the outstanding cardiac catheter flowsheet dated March 8, 2005. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159(e). KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lech, 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.