Citation Nr: 21012919 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 16-00 731 DATE: March 8, 2021 ORDER Vacatur, in part, of the October 29, 2020 Board decision denying entitlement to service connection for a left knee disability is granted. Vacatur, in part, of the October 29, 2020 Board decision denying entitlement to service connection for a right knee disability is granted. Vacatur, in part, of the October 29, 2020 Board decision denying entitlement to service connection for an acquired psychiatric disability is granted. FINDINGS OF FACT 1. On October 29, 2020, the Board issued a decision that, in part, denied service connection for a left knee disability, a right knee disability, and an acquired psychiatric disability. 2. At the time of the Board’s October 29, 2020 decision, the Department of Veterans Affairs (VA) was in possession of the Veteran’s October 21, 2020 Privacy Act request with additional request for subsequent 90-day extension. CONCLUSIONS OF LAW 1. The criteria for vacatur of the Board’s October 29, 2020 decision denying entitlement to service connection for left knee disability have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. 2. The criteria for vacatur of the Board’s October 29, 2020 decision denying entitlement to service connection for right knee disability have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. 3. The criteria for vacatur of the Board’s October 29, 2020 decision denying entitlement to service connection for an acquired psychiatric disability have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1974 to February 1976. In October 29, 2020, the Board of Veterans’ Appeals (Board) issued a decision, which, in pertinent part, denied service connection for a left knee disability, a right knee disability, and an acquired psychiatric disability. (In the October 29, 2020 decision, the Board also granted the Veteran’s claims to reopen the previously denied matters of entitlement to service connection for a left knee disability, a right knee disability, and an acquired psychiatric disability. As those determinations are favorable to the Veteran, they will not be disturbed herein). The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38U.S.C. §7104(a); 38C.F.R. § 20.1000. After a review of the evidence, the Board determines that the October 29, 2020 Board decision should be vacated, in part, as specified in the order above. On October 21, 2020, the Veteran’s attorney submitted a Privacy Act request for copies of records associated with the Veteran’s claims file since May 18, 2020. This document included a request for a 90-day extension following fulfillment of the Privacy Act request. Unfortunately, it appears that the Privacy Act request was not timely associated with the Veteran’s electronic record. Thus, these issues were adjudicated by the Board in the October 29, 2020 decision. When a Privacy Act request is filed by an individual seeking records and the relevant records are in the custody of the Board, that request will be reviewed and processed prior to appellate action on that individual's appeal. 38 C.F.R. § 20.1200. As the Privacy Act request of the Veteran’s attorney was not processed prior to the promulgation of the October 29, 2020 Board decision, the Board's decision constituted a procedural error. The Board therefore finds that partial vacatur is warranted. 38 C.F.R. § 20.1000. Vacatur is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of the appeal. 38C.F.R. §20.1100(b). Accordingly, the October 29, 2020 Board decision is vacated, in part, as to the order denying service connection for a left knee disability, a right knee disability, and an acquired psychiatric disability. See 38C.F.R. §20.1000(a). K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. K. Buckley, 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.