Citation Nr: 21024198 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 05-00 415 DATE: April 22, 2021 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. Preliminary Matters The Veteran had honorable active duty service with the United States Navy from August 1927 to June 1956. The Veteran passed away in October 1992. The Appellant in the present appeal claims as his surviving spouse. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2004 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). By way of history, in September 2006, the Board denied the Appellant’s claim of entitlement to service connection for the cause of the Veteran’s death. She appealed the Board’s September 2006 decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2008 Order, the Court granted a July 2008 Joint Motion for Remand (JMR), vacating the Board’s September 2006 decision, and remanding the matter for further consideration and instructions consistent with the JMR. Then, in July 2009, the Board remanded the matter to the Agency of Original Jurisdiction (AOJ) for additional development. In September 2010, the Board again denied the Appellant’s claim. The Appellant appealed the decision to the Court. In an August 2012 memorandum decision, the Court vacated and remanded the Board’s September 2010 decision. In April 2013, the Board again remanded the matter to the AOJ for further development. In May 2014, the Board again denied the Appellant’s claim. The Appellant appealed the decision to the Court. In an April 2016 memorandum decision, the Court vacated and remanded the Board’s May 2014 decision. Thereafter, in November 2016, the Board remanded the matter to the AOJ for additional development. At that time, the Board directed the AOJ to obtain and associate with the claims file all inpatient and outpatient treatment records for the Veteran from the Subic Bay Naval Hospital, covering the entire period from January 1, 1956, to January 1, 1992, by requesting such records from the National Personnel Records Center (NRPC) and by requesting them directly from the Department of the Navy. The AOJ was also directed to inform the Appellant of the results of the requests to the NPRC and the Department of the Navy. In July 2019, the Board again remanded the matter, as it found that there had not been substantial compliance with the November 2016 Board remand directives. Specifically, the AOJ had only requested the Veteran’s inpatient and outpatient records from the NPRC. No request for the Veteran’s inpatient and outpatient treatment records from the Subic Bay Naval Hospital had been made directly to the Department of the Navy. The matter has returned to the Board. REASONS FOR REMAND The Appellant seeks entitlement to service connection for the cause of the Veteran’s death. Regrettably, as discussed below, a remand is required to obtain all of the Veteran’s medical records. Entitlement to service connection for the cause of the Veteran’s death is remanded. As previously indicated, in July 2019, the Board remanded the matter to allow the AOJ to request the Veteran’s inpatient and outpatient treatment records from the Subic Bay Naval Hospital for the period from January 1, 1956, to January 1, 1992, directly from the Department of the Navy. In a March 2020 letter, VA requested these records from the Department of the Navy. As no response was received, a second request was sent in May 2020. The claims file does not reflect that a response was received for the second request as well. Thus, remand is necessary, as a response from the Department of the Navy must be secured. See 38 C.F.R. § 3.159(c)(2). The matter is REMANDED for the following action: 1. Request all inpatient and outpatient treatment records for the Veteran from January 1, 1956 through January 1, 1992, directly from the Department of the Navy. All attempts to secure these records, as well as any responses received, must be documented in the claims file. The RO must make as many requests as are necessary to obtain these records and may only cease to do so when the Federal department or agency advises the RO that the requested records do not exist or the custodian does not have them. See 38 C.F.R. § 3.159(c)(2). All attempts to secure these records, as well as any responses received, must be documented in the claims file. If the RO concludes that the records do not exist or that further attempts to obtain them would be futile, the RO must provide the Veteran with the required regulatory notice informing her of such. See 38 C.F.R. § 3.159(e). 2. After completing all indicated development, the Appellant’s claim should be readjudicated based on the entirety of the evidence. If the benefit sought on appeal is not granted, the Appellant should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. N. RIPPEL Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. MacDonald, 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.