Citation Nr: 21026332
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 18-50 243A
DATE: April 30, 2021

REMANDED

The issue of entitlement to benefits under 38 U.S.C. §§ 1805 and 1815 for a child born with spina bifida or other covered birth defects is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1968 to August 1973. The Veteran was highly decorated, having received a Purple Heart.  The Appellant is the Veteran’s son, who asserts entitlement to Chapter 18 benefits as a child born with spina bifida or other covered defects due to his father’s exposure to herbicide agents in service.

The matter comes to the Board of Veterans Appeals from an April 2015 rating decision under the legacy system.

The issue of entitlement to benefits under 38 U.S.C. §§ 1805 and 1815 for a child born with spina bifida or other covered birth defects is remanded.

In a July 2018 VA 21-4142 Authorization for Release of Information, the Veteran identified relevant outstanding private treatment records.  Specifically, the Veteran requested VA to obtain private treatment records from Modesto City Hospital on his behalf. However, to date, there is no indication that VA made attempts to associate private treatment records from the facility. 

Therefore, the Board finds that the evidence of record is inadequate to decide the appeal. A remand is required to allow VA to obtain authorization and request these records.

The Veteran is reminded that VA’s duty to assist in the development of a claim is not a one-way street. Wood v. Derwinski, 1 Vet. App. 190 (1991). The Veteran should cooperate and assist as requested in the development of the appeal.

The matter is REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for Modesto City Hospital. Make two requests for the authorized records from Modesto City Hospital unless it is clear after the first request that a second request would be futile. 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Pendleton, N.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.