Citation Nr: 21029981
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-36 889
DATE: May 17, 2021

REMANDED

Entitlement to service connection for diverticulitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1968 to April 1970.

This appeal returns to the Board of Veterans' Appeals (Board) after an April 2018 Board decision remand service connection for diverticulitis. The Board finds that the remand directives were not substantially complied with. Therefore, these matters must be remand under Stegall v. West, 11 Vet. App. 268 (1998).

1. Entitlement to service connection for diverticulitis is remanded.

The Veteran contends that relevant service treatment records exist showing an in-service hospitalization for a week in 1968 for the currently claimed condition. In its November 2018 remand directives, the Board remanded this issue to obtain relevant service treatment and personnel records. The RO made a single attempt to obtain these records. The returned service treatment records consisted of an image of the outside of a service health record folder with a "SVC 1/92" annotation on the cover and an image of the inside of the outer cover. No other documents were received. The RO did not document any further attempts to locate the records and did not enter a finding of unavailability of such records. Therefore, the Board finds the RO failed in its duty to assist in making reasonable attempts to locate the Veteran's service treatment records as ordered in the April 2018 remand directives. As such, the appropriate resolution is remand to correct this error. See Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

1. In light of the Veteran's assertion that he was hospitalized during basic training for a severe intestinal infection, separate from the gastroenteritis he had in March 1970, the RO should conduct a search for service hospital records dated during the Veteran's period of basic training. The RO must document all attempts to locate these records. After reasonable attempts have been exhausted, and if such records cannot be located, then the RO must make, and enter in the record, a finding regarding the availability of such records. 

2. After the development above is completed, obtain an addendum opinion addressing all located records and the Veteran's lay contentions. If possible, obtain this opinion from the same October 2019 examiner. This addendum is asked again to opine whether it is at least as likely as not that the Veteran's currently diagnosed diverticulitis is related to an in-service injury, event, or disease. This opinion MUST address the Veteran's contentions that he was hospitalized for a week due to a severe intestinal infection in basic training in 1968, regardless if additional records are obtained. If any additional relevant medical records are obtained, the opinion must address those records as well.

Signature on the next page

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Boushehri, Darjush M.

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.