Citation Nr: 21021409 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 16-26 678 DATE: April 12, 2021 REMANDED Entitlement to service connection for residuals of a low back condition is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder is remanded. Entitlement to service connection for a bilateral knee condition is remanded. Entitlement to service connection for residuals of a right shoulder condition is remanded. Entitlement to service connection for traumatic brain injury is remanded. Entitlement to service connection for migraine headaches is remanded. Entitlement to service connection for a right ankle condition is remanded. Entitlement to service connection for a heart condition is remanded. REASONS FOR REMAND The Veteran had active service from April 1969 to April 1971. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a hearing in August 2019. A transcript is of record. 1. Entitlement to service connection for residuals of a low back condition is remanded. 2. Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder is remanded. 3. Entitlement to service connection for a bilateral knee condition is remanded. 4. Entitlement to service connection for residuals of a right shoulder condition is remanded. 5. Entitlement to service connection for traumatic brain injury is remanded. 6. Entitlement to service connection for migraine headaches is remanded. 7. Entitlement to service connection for a right ankle condition is remanded. 8. Entitlement to service connection for a heart condition is remanded. An October 2020 Board remand directed the RO to obtain outstanding private treatment records from King of Hearts Clinic and Monmouth Total Health Care that the Veteran had identified. The Board noted that in February 2020, the Veteran had provided authorizations to obtain these records on a VA Form 21-4142, but that it did not appear that the RO had attempted to obtain these records. The Board also directed the RO to make two requests for other records identified by the Veteran from Brick Hospital, Ocean Medical Center, and Dr. Chulie. The RO sent a letter to the Veteran in November 2020 asking him to resubmit authorization forms for all of these facilities and clinicians. The Veteran did not respond to this letter requesting him to complete authorization forms. The RO did not, however, attempt to obtain medical records directly from the King of Hearts Clinic and Monmouth Total Health Care facilities with the then-current authorization forms of record as instructed in the October 2020 remand. A remand by the Board confers on the Veteran the right to compliance with the remand orders. See Stegall v. West, 11 Vet. App. 268 (1998). There was not substantial compliance with the Board’s October 2020 remand directives in that regard. As the prior authorization forms are now likely expired, the RO is to contact the Veteran and offer him a final opportunity to authorize VA to obtain any outstanding private medical records relevant to his appeal. The matters are REMANDED for the following action: Ask the Veteran to complete a new VA Form 21-4142 for King of Hearts Clinic, Monmouth Total Health Care Brick Hospital, Ocean Medical Center, and Dr. Chulie. Make two requests for the authorized records from these facilities unless it is clear after the first request that a second request would be futile. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Lauritzen, Associate 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.