Citation Nr: 21041772
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 15-13 029
DATE: July 10, 2021

REMANDED

Entitlement to service connection for the Veteran's cause of death is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1964 to May 1967, including service in the Republic of Vietnam.  The Veteran died in July 2010.  The Appellant is his surviving spouse.

In March 2020, the Board issued a decision denying entitlement to service connection for the Veteran's cause of death.  The Appellant appealed this denial to the Court of Appeals for Veterans Claims (Court).  In February 2021, a Joint Motion for Remand (JMR) was filed and the Court issued an Order returning the case to the Board.  Pursuant to the JMR, the Board is remanding this appeal to the Agency of Original Jurisdiction (AOJ) to fulfill the VA's duty to assist.

1. Entitlement to service connection for the Veteran's cause of death is remanded.

The February 2021 JMR noted that March 2010 VA medical records indicate that the Veteran had a private primary care physician (PCP), Dr. T., whom he saw routinely.  However, the record does not show that VA notified the Appellant of Dr. T's records and requested that she provide a release for them.  February 2021 JMR, page 2.  A remand is required to notify the Appellant of the possible existence of these records, and to allow VA to obtain authorization and request these records.

The February 2021 JMR also found that the Board's March 2020 decision was inadequate because it appeared to conflate Hepatitis B and Hepatitis C, and did not acknowledge that blood donor screening for Hepatitis C was not available until 1989 when HCV was identified.  February 2021 JMR, page 4.  The JMR noted that it appears that the Board may have simply assumed that the date of the Veteran's Hepatitis B diagnosis was the same as his Hepatitis C diagnosis, without providing support for such a finding.  A remand is required for a VA medical opinion to clarify any discrepancy regarding this matter.

The matters are REMANDED for the following action:

1. Notify the Appellant that a March 2010 VA medical record indicates that the Veteran was treated by a private PCP.  Ask the Appellant to complete a VA Form 21-4142 for the private PCP identified on page 2 of the February 2021 Joint Motion for Remand.  Make two requests for the authorized records from this physician, unless it is clear after the first request that a second request would be futile.

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's cause of death is at least as likely as not related to service.

(a.) The examiner is asked to review the Veteran's entire medical history, including prior VA medical opinions from April 2012 and June 2019.

(b.) The examiner is also asked to review the February 2021 Joint Motion for Remand.  In particular, the examiner is asked to address the following issues raised by the JMR:

i.	Blood donor screening for Hepatitis C was not available until 1989 when HCV was identified.  See MANUAL M21-1 at III.iv.4.H.2.e.

ii.	While it is possible that the Veteran had Hepatitis C in 1971, it cannot be simply assumed that the date of his Hepatitis B diagnosis was the same as his Hepatitis C diagnosis, without providing support for such a finding.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Casey, 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.