Citation Nr: 21039831 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-15 722 DATE: July 1, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1981 to May 1988, from June 1995 to November 1995 and from February 2003 to April 2004. The Veteran died in July 2004 and the appellant is seeking VA benefits as his surviving spouse. The appellant initially testified at a Board hearing in June 2019 before the undersigned Veterans Law Judge (VLJ). Unfortunately, the transcript from that hearing was unavailable. As such, the appellant testified again at a Board hearing in December 2020 before the undersigned VLJ. A transcript of that hearing has been associated with the record. The Board previously remanded this case for further development in February 2021. Unfortunately, as discussed further below, the Board finds that another remand is necessary in order to fully comply with the Board's prior remand directives. Entitlement to service connection for the cause of the Veteran's death is remanded. The Board previously remanded this case to obtain the Veteran's complete service treatment records; post-service private and VA treatment records; and a VA medical opinion. Initially, the Board notes that the record shows that there are no VA treatment records for the Veteran and unfortunately, despite efforts to obtain them, his private treatment records appear to have been destroyed. As such, any further attempts to obtain such records would be futile. However, although additional service personnel records for the Veteran were associated with the record, no further service treatment records were obtained. In this regard, the Board directed the agency of original jurisdiction (AOJ) to take appropriate steps to request the Veteran's complete service treatment records from all appropriate records repositories, including, but not limited to, the National Personnel Record Center (NPRC), the Veteran's Reserve Unit and the Records Management Center (RMC). It is unclear from the record whether any of these attempts were made as the requests and responses were not documented in the claims file as directed by the Board. Moreover, the AOJ decided to not obtain a VA opinion as directed by the Board because the Veteran's post service medical records were unavailable. However, the direction to get a VA medical opinion was not contingent upon whether such records were obtained. Rather, the Board found that the appellant's competent lay statements concerning the Veteran's symptoms and treatment, his combat service in Iraq and the prescription receipts for psychiatric medications were sufficient evidence to trigger the need for a VA opinion. In light of the above, another remand is necessary to comply with the Board's prior remand directives with respect to obtaining service treatment records and a VA medical opinion. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Take appropriate steps to request the Veteran's complete service treatment records from all appropriate records repositories, including, but not limited to, the NPRC, the Veteran's Reserve Unit and the RMC. All requests and responses should be clearly documented in the claims file. 2. Obtain a medical opinion from an appropriate clinician to determine the nature and etiology of the Veteran's cause of death, which was ruled a suicide by hanging. The entire claims file, including a copy of the Remand, should be made available to, and be reviewed by, the VA examiner. Based upon a review of the relevant evidence of record, history provided by the appellant, and sound medical principles, the VA examiner should provide the following opinion: (a.) Whether it is at least as likely as not that the Veteran's cause of death, which was ruled a suicide, was due to any psychiatric disorder, to include posttraumatic stress disorder (PTSD). (b.) If so, whether it is at least as likely as not that any of the Veteran's psychiatric disorders were incurred in service or caused by an in-service injury, event, or illness, to include his combat service in Iraq. A rationale should be given for all opinions and conclusions rendered. In proffering the opinions, the examiner must specifically address the appellant's lay statements and hearing testimony concerning the Veteran's behavior following his last period of active service; the fact that the Veteran's suicide was within three months of his last period of active duty; pharmacy records showing that the Veteran had been prescribed psychiatric medications; and any available service records. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.N. Moats 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.