Citation Nr: 21028040
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 15-42 567
DATE: May 10, 2021

REMANDED

Whether the reduction from 100 percent to 30 percent for Crohn's disease involving the terminal ileum and colon, effective July 1, 2013 was proper is remanded.

Entitlement to a rating in excess of 60 percent for Crohn's disease involving the terminal ileum and colon, beginning September 30, 2016 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1988 to June 1992.

The appeal was remanded by the Board of Veterans' Appeals (Board) in April 2019 for further development.  

During the pendency of the current appeal, in June 2020, the agency of original jurisdiction (AOJ) granted an increase from 30 percent to 60 percent for the Veteran's Crohn's disease, effective September 30, 2016.  This grant does not encompass the entirety of the appellate period or reach the maximum disability rating.  Therefore, the claim remains on appeal.  AB v Brown, 6 Vet. App. 35, 39 (1993).

In accordance with the previous Remand, the AOJ was directed to obtain any outstanding Federal Bureau of Prisons medical records because VA is in constructive possession of said records.  All efforts to obtain the medical records were to be noted in the claims file.  Upon inspection of the Veteran's claims file subsequent to the Remand, medical records from the Federal Bureau of Prisons from November 2014 to April 2017 have not been associated with the claims file.  Additionally, there is no evidence the AOJ has attempted to obtain the medical records from the Bureau of Prisons.  Therefore, the Board does not find that there has been substantial compliance with its prior remand directives, and the matters must be remanded once again.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

Take appropriate steps to obtain the appellant's complete Federal Bureau of Prisons medical records.  Follow the procedures set forth in 38 C.F.R. § 3.159(c) with respect to requesting records from Federal facilities.  All attempts to obtain these records and all responses received must be added to the claims file.\

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. N. Quarles, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.