Citation Nr: 21026983 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 19-06 098A DATE: May 4, 2021 REMANDED Entitlement to service connection for the Veteran's cause of death, to include as secondary to exposure to contaminated water at Camp Lejeune, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from February 1964 to July 1968. The Veteran passed away in February 1997, and the Appellant is his surviving spouse. This matter comes before the Board of Veteran's Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). By way of background, this matter was most recently before the Board in September 2020. In its decision, the Board remanded this issue for additional development. Specifically, the Board instructed the agency of original jurisdiction (AOJ) to obtain outstanding private treatment records and send the Appellant a Veterans Claims Assistance Act of 2000 (VCAA) letter. Although further delay is regrettable, another remand is necessary. Additionally, the Board has advanced the case on the docket pursuant to 38 C.F.R. § 20.902. Entitlement to service connection for the Veteran's cause of death, to include as secondary to exposure to contaminated water at Camp Lejeune, is remanded. Upon review of the record, the Board finds that correction of a procedural defect is essential for proper adjudication on this matter. 38 C.F.R. § 20.904. Necessary documents concerning the Appellant's appeal have been sent to an incorrect address. In February 2020, the Appellant submitted VA Form 20-572 Request for Change of Address. On this form, the Appellant noted that her permanent address has changed, and she provided an updated address. However, her new address has not been adequately updated. Following the September 2020 Board decision, a copy of the decision was mailed to the Appellant. However, this decision was sent to the wrong address. Additionally, in October 2020 a VCAA notice and a VA Form 21-4142a was mailed to the Appellant to comply with the September 2020 Board remand. However, these documents were sent to the wrong address. In a January 2021 correspondence from the Appellant, she noted that the September 2020 Board decision and the October 2020 documents did not reach her until December 24, 2020. She further indicated that she has tried multiple times to change her address with the VA. With this correspondence, she attached a completed VA Forms 21-4242 and 21-4142a. On January 2021, a notice was mailed correctly to the Appellant notifying her that the signature, date of signature, and printed name was missing on the VA Forms 21-4242/a. Additionally, a VCAA notice was correctly sent to the Appellant in January 2021. However, in February 2021, a Supplemental Statement of the Case (SSOC) was sent to the wrong address. Additionally, a March 2021 correspondence notifying the Appellant that her appeal was returned to the Board was sent to the wrong address. The Appellant has made sufficient efforts to update her address, including informing the VA that she was late in receiving her correspondence. It is appropriate given these efforts to give the Appellant an additional opportunity to submit the complete VA Forms 21-4142/a and provide her the proper notification of the SSOC with the proper response period. 38 C.F.R. § 19.52(c). Therefore, on remand, the AOJ should correct this error and ensure all documents are mailed to the Appellant's correct address, as specified on her February 2020 VA Form 20-572 and confirmed current in correspondence received April 2021. See Congressional correspondence received April 2021. The matters are REMANDED for the following action: 1. Update the Appellant's current address pursuant to the February 2020 VA Form 20-572; ensure all appropriate VA systems are updated to reflect the Appellant's current address. 2. After the current mailing address updated, ask the Appellant to complete VA Forms 21-4142/a for Dr. Cromartie, Kaiser Permanente of Raleigh, and any other private provider that may have records relevant to her claim. Make two requests for the authorized records from any private provider for whom a completed VA Form 21-4142 is received, unless it is clear after the first request that a second request would be futile. 3. If any new medical records are obtained, obtain an addendum opinion from the examiner who provided the June 2020 VA medical opinion. If the June 2020 examiner is not available, obtain an opinion from another qualified medical professional. The examiner must review any evidence obtained since the June 2020 VA opinion and explain whether it justifies changing the conclusions in the June 2020 opinion. A complete and thorough rationale should be provided for any opinion rendered. 4. After the above development and any additionally indicated development has been completed, readjudicate the issue on appeal. If any benefit sought is not granted to the Appellant's satisfaction, send the appellant and her representative a SSOC and provide the appropriate opportunity to respond. If necessary, return the case to the Board for further appellate review. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Law Clerk for the Board N. Jamordee 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.