Citation Nr: 21041674
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-54 787
DATE: July 9, 2021

REMANDED

The claim for an increased rating for service-connected residual scars, excision basal cell carcinoma, right forehead and left temple, evaluated as noncompensable prior to February 14, 2020, and as 30 percent disabling thereafter, is remanded.

REFERRED

The Veteran has raised the issues of entitlement to service connection for skin cancer to his left calf and back.  See Veteran's claim (VA Form 21-526EZ), received in October 2014, and appeal (VA Form 9), received in October 2016.  These issues have not been adjudicated by the regional office (RO), and they are referred to the RO for appropriate action.  

REASONS FOR REMAND

The Veteran had active duty service from August 1973 to August 1976, and from February 2003 to May 2004.  

In September 2019, the Board remanded this claim for additional development.

The claim for an increased rating for service-connected residual scars, excision basal cell carcinoma, right forehead and left temple, evaluated as noncompensable prior to February 14, 2020, and as 30 percent disabling thereafter, is remanded.

An addendum to a VA disability benefits questionnaire, dated in February 2020, shows that the examiner indicated that private treatment records from two physicians, Dr. H and Dr. W, had been obtained.  The examiner specifically referenced reports from these two physicians that are dated between 2017 and 2019.  However, this evidence has not been associated with the claims file.  On remand, this evidence should be obtained.  

The matters are REMANDED for the following action:

Request all available medical records pertaining to the Veteran from Dr. H and Dr. W.  If the RO cannot locate such records, it must specifically document the attempts that were made to locate them and explain in writing why further attempts to locate or obtain any government records would be futile.  

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The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims.  The claimant must then be given an opportunity to respond.

 

 

L. Chu

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S.E., 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.