Citation Nr: 21041538
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 15-30 615
DATE: July 9, 2021

REMANDED

Entitlement to service connection for a circulatory disability of the arms and legs, to include as secondary to exposure to herbicide agents as well as service-connected diabetes mellitus, cervical spine disability, and bilateral shoulder disability, is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1967 to November 1970 and from May 1986 to September 2002 with additional service in the Army National Guard.  

This matter come before the Board of Veterans' Appeals (Board) from an August 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2018, the Veteran testified at a Board videoconference hearing held before the undersigned Veterans Law Judge.  A transcript of that hearing has been associated with the electronic claims file.

In a January 2020 decision, the Board reopened and remanded the issue of entitlement to service connection for a circulatory disability of the arms and legs for further development.

In a March 2014 statement, the Veteran attributed his circulatory disability to back and shoulder disabilities and noted that he had degenerative disc disease of the cervical spine.  Service connection is in effect for a cervical spine disability and bilateral shoulder disabilities.  Therefore, the Board will consider these theories of entitlement.

In the January 2020 remand, the Board directed the RO to obtain any outstanding VA treatment records.  Later in January 2020, the RO obtained VA treatment records dated from October 2013 to January 2020.  These records, however, not only pertain to a different veteran but also a different facility than the one that has been treating the Veteran.  In March 2021, the RO obtained the Veteran's treatment records from January 2020 to March 2021.  An April 2021 supplemental statement of the case reflects that RO considered the treatment records for the wrong veteran in its decision.  These treatment records have been removed from the Veteran's electronic claims file.  In light of the above, the RO did not comply with the directives of the January 2020 remand.  Stegall v. West, 11 Vet. App. 268 (1998).

In a March 2015 general release for medical provider information to VA, the Veteran reported treatment at the VA Montana Healthcare System from 2002 to the present.  During the pendency of the appeal, the RO obtained treatment records from that provider from July 2011 to February 2016 and from January 2020 to March 2021.  The RO should obtain the Veteran's treatment records from the VA Montana Healthcare System for the periods from January 2002 to July 2011, from February 2016 to January 2020, and from March 2021 to the present.

The matter is REMANDED for the following action:

1. Obtain the Veteran's VA treatment records from the VA Montana Healthcare System for the periods from January 2002 to July 2011, from February 2016 to January 2020, and from March 2021 to the present.

2. After the development in 1 is completed, the RO should undertake any necessary development on the claim as warranted by any additional evidence of record.

3. After development above has been completed, the RO should readjudicate the Veteran's claim.  If the claim remains denied, the Veteran should be issued a supplemental statement of the case, with a copy to his representative, and afforded an opportunity to respond. 

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Cherry, 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.