Citation Nr: 21040244
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 14-11 402
DATE: July 2, 2021

REMANDED

Entitlement to service connection for acute renal failure is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1990 to October 1993.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an October 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2014, the Veteran asked for a hearing before the Board. He failed to appear for the scheduled hearing. To date, he has not explained why he failed to appear or asked for a new hearing. Accordingly, the Board considers his hearing request withdrawn. 38 C.F.R. § 20.704(d).

In April 2018 and November 2020, the Board remanded the Veteran's claim for additional development. The case is once again before the Board.

1. Entitlement to service connection for acute renal failure is remanded.

In the last remand, the Board directed the RO to obtain relevant private medical records. In November 2020 and February 2021, the RO sent the Veteran a letter asking him to complete and return VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs (VA), and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs (VA). The following March, the Veteran did so. On the VA Form 21-4142a, he identified receiving treatment from Culpeper Medical Clinic in February 2021 and Alexandria Urgent Care in August 2019. That same month, VA's Private Medical Record (PMR) Contractor rejected the medical records request because it was "illegible." After the rejection notice, the RO undertook no additional development.

VA has a statutory duty to assist claimants by "mak[ing] reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit." 38 U.S.C. § 5103A(a)(1). This includes "obtain[ing] relevant private records that the claimant adequately identifies to the Secretary." Id. (b)(1); Sullivan v. McDonald, 815 F.3d 786, 791 (Fed. Cir. 2016). The Veteran "adequately identifies" the records when he provides "enough information to identify and locate the existing records." 38 C.F.R. § 3.159(c)(3).

Here, the Board concludes VA did not fulfill its duty to assist the Veteran because it failed to make reasonable efforts to obtain adequately identified private medical records. In March 2021, the Veteran listed two private medical care providers who had custody of his medical recordsCulpeper Medical Clinic and Alexandria Urgent Careand authorized VA to obtain them. Despite this, VA did not request the records because the forms were said to be "illegible." It's true that the authorization forms are discolored for some reason, but the affected handwriting is still perfectly legible. Accordingly, the Board must remand the Veteran's claim for VA to attempt to obtain his records.

The matter is REMANDED for the following action:

1. Make reasonable efforts to obtain the private medical records identified by the Veteran in the March 2021 VA Form 21-4142a. All efforts to obtain them should be documented in the claims folder.

2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Canedy, 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.