Citation Nr: 21031031 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-45 316 DATE: May 20, 2021 REMANDED Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from November 1983 to March 1985 and for a ten-day period in July 1985. The Veteran also served on active duty in the United States Army from January 2003 to January 2004. He had additional United States Army Reserve (USAR) service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in December 2019. At that time, the Board issued a remand for further development. The matter has now come back before the Board for adjudication. Unfortunately, the Board finds a remand is warranted for further development. Specifically, the Board remanded this claim to obtain additional VA treatment records; records from Jacksonville Naval Air Station from 1983 through 2004; Social Security Administration records; United States Army records from North Carolina, Mississippi, Florida, and William Beaumont Army Medical Center; and submit a PIES request for service treatment records (STRs) from January 2003 to January 2004. The Board finds that the RO has not substantially complied with the December 2019 Board remand directives. Regarding the records from William Beaumont Army Medical Center, the RO sent a request for the records in January 2020. No records were received and there was no indication that records were not available. The Board also note that the RO never followed-up on this request. Next, the RO attempted to obtain records from Jacksonville Naval Air Station. The RO sent a request in January 2020 for records from January 1, 1986 through December 31, 2004. The RO received a response informing that requests must be made in one-year increments. Unfortunately, the RO did not attempt to obtain these records in accordance with the response to the original request. As for the period from 1983 through 1985, the RO individually requested the records for each year. A response was received which stated that the RO's request was sent to ORU for clinical record search in March 2020. No further response was received, and there is no indication that the RO followed up regarding this request. Lastly, regarding the PIES request, the RO sent a request in January 2020. There was no response received and the RO followed-up in March 2020. Unfortunately, a response has not been received. The Board finds that proper attempts to obtain the records from William Beaumont Army Medical Center were not completed. The RO made one attempt, and there has been no indication that no records are available or that any other attempts would be futile. As such, the Board finds that the RO did not comply with the prior Board remand. As for the records at Jacksonville Naval Air Station, attempts were not properly made for the years 1986 thru 2004. As for the years 1983, 1984, and 1985, the records are still being processed as noted in the last response. A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the Board's remand order. Stegall v. West, 11 Vet. App. at 270-71 (1998). As prior remand orders were not complied with, and in accordance with Stegall, remand for full compliance with the Board's prior remand is warranted. In this case, the Board finds that this claim must be sent back again to obtain the above records or until attempts would be futile. The matters are REMANDED for the following action: 1. Assist the Veteran in obtaining all available treatment records with the Jackson Naval Air Station (NAS) from 1983 to 2004. The RO is directed to request the records for each year individually. 2. Exhaust all attempts to obtain the Veteran's Army and USAR STRs to include contacting the following: (a.) The William Beaumont Army Medical Center; and (b.) A PIES request for all outstanding STRs for the Veteran's Army service from January 2003 to January 2004. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Glaeser, 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.