Citation Nr: 21031928
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 15-19 646
DATE: May 25, 2021

REMAND

Entitlement to service connection for left foot disability, originally claimed as broken bone right foot (stress fracture) is remanded.

REASONS AND BASES FOR REMAND

The Veteran served on active duty in the United States Army from March 1969 to March 1971.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). 

The Board issued a remand in December 2018 instructing the RO to obtain outstanding records and a VA examination.  A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  An October 2019 VA examination was obtained.  However, the Veteran's records were not obtained from the VA, specifically the Redding VA Outpatient Clinic records from August 2013 to October 2016.  This is a Stegall violation. 

Additionally, an April 2014 letter, received October 22, 2019, from the United States Railroad Retirement Board was submitted to the claims file.  It states the record showed the Veteran received disability annuity since January 2010.  An October 2019 rejection notice was received from the Railroad Retirement Board concerning the Veteran's records.  The notice stated that the request for records did not meet the criteria for action under the PMR Program Guideline.  For the request to be fulfilled, the request must be worked via the traditional process.  The claims file does not show that a second attempt was made to obtain these records.  Therefore, as remand is already necessary for the Redding VA Outpatient Clinic treatment records, the Board will also remand for the RO to make another attempt to obtain records from the Railroad Retirement Board. 

This matter is REMANDED for the following action:

Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claim, as well as any private or VA treatment records, to include those from Redding VA Outpatient Clinic from August 2013 to October 2016, and the Railroad Retirement Board, following proper VA procedures as listed in 38 C.F.R. § 3.159(c).  Record in the claims all positive and negative responses. 

 

Saudiee Brown

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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.