Citation Nr: 21014563 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 16-37 179 DATE: March 15, 2021 REMANDED Entitlement to service connection for the Veteran’s cause of death is remanded. REASONS FOR REMAND The Veteran had active service from January 1967 to January 1970, to include service in the Republic of Vietnam. He died in June 2013. The Appellant is his surviving spouse. She appealed an April 2014 rating decision of the Department of Veterans Affairs (VA) Pension Management Center in Milwaukee, Wisconsin, that denied her claim of entitlement to service connection for the Veteran’s cause of death. The Appellant appeared at a hearing before the undersigned in August 2018. A transcript of the hearing is of record. This matter was most recently before the Board of Veterans’ Appeals (Board) in February 2020 when it was remanded for further development. Specifically, the Board directed the Agency of Original Jurisdiction (AOJ) to solicit a medical records release from the Appellant for Parkview Cancer Treatment Center in Fort Wayne, Indiana, so that VA may provide assistance in obtaining potentially relevant outstanding records that may be available for the Veteran from the facility, and then to obtain a new medical opinion regarding the Appellant’s claim from an independent medical expert in accordance with 38 U.S.C. § 5109. Although the AOJ obtained an opinion from an independent medical expert as directed, the Board finds there are due process concerns regarding the AOJ’s attempt to solicit a medical records release that must be addressed prior to a final decision on the Appellant’s claim. The Board notes the AOJ’s letter requesting a medical records release was sent to an address from which mail has been returned undeliverable to the extent the AOJ resent the Board’s February 2020 remand to an updated address. Yet, the AOJ did not send a letter requesting a medical records release to the Appellant’s new address despite the fact that all its correspondences since the Board’s February 2020 remand, other than the initial letter requesting a medical record release, were sent to the updated address. As such, the Board cannot conclude the Appellant received the AOJ’s letter requesting a medical records release and finds further efforts are necessary in this regard to ensure due process and compliance with VA’s duty to assist. The matter is REMANDED for the following action: 1. Resend a letter to the Appellant at her updated address soliciting a medical records release in efforts to obtain any potentially relevant outstanding records that may be available for the Veteran from Parkview Cancer Treatment Center in Fort Wayne, Indiana. The letter must also advise the Appellant that failure to submit the requested release will result in her claim being decided on the evidence of record which is currently insufficient to establish entitlement to the benefit sought on appeal. If the Appellant submits the required release, make reasonable efforts, consistent with 38C.F.R. §3.159(c), to obtain any records that may be available from this provider. 2. If any relevant records are obtained pursuant to the directive above, obtain an addendum to the July 2020 opinion that specifically address whether such records warrant revision of the previously provided opinion with a full rationale to support the conclusion in this regard. If the author of the July 2020 opinion is unavailable or cannot otherwise provide the addendum, it may be obtained from another independent medical expert. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. S. Kyle, 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.