Citation Nr: 22013722 Decision Date: 03/10/22 Archive Date: 03/10/22 DOCKET NO. 17-05 766 DATE: March 10, 2022 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran had active service from November 1964 to December 1969. He died in June 2014. The appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the appellant testified in a hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record. This matter was previously before the Board, most recently in August 2021. It was remanded for additional development and has been returned to the Board for further appellate action. Unfortunately, the Board finds that the previous remand directives were not substantially complied with. As detailed in the August 2021 remand, the Veteran's private medical records from 2004 to 2014 were to be obtained. However, in attempting to gather this information, two notable errors were made. First, in each of the letters accompanying the release forms to the healthcare providers, it was incorrectly noted that the individual who received treatment from the specific physician or facility was the appellant, not the Veteran. The letters specifically state, "[Appellant's Name, REDACTED], DOB [redacted], received treatment provided by you or your facility." This is incorrect. The request is not for the appellant's information, but for the Veteran's information. While this may be harmless error, as the correct information is provided on the medical release forms, it must be corrected to ensure that the request for records is properly completed. Second, the medical release forms are signed and dated March 13, 2015, and specifically state within the forms themselves that the authorization is valid for only 12 months from the date of the signature. They are, therefore, invalid and do not comply with HIPPA requirements for the release of protected healthcare records. The Board recognizes that the claims file reflects several returned mailings from three of the physicians/ healthcare facilities identified by the appellant. The appellant was informed of the attempts made and need to provide the VA with accurate information for obtaining the private records. While these returned mailings do not necessitate a further remand, as a remand is required for the reasons outlined above, the appellant will have further opportunity to update the information for these healthcare providers as well. While the Board regrets the additional delay, another remand is necessary to ensure fulfillment of the appellant's due process rights and make a fully informed decision in this matter.38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. This matter is REMANDED for the following action: 1. Obtain updated medical release forms from the appellant with a current signature. Using the correct information on the accompanying letter, make two requests for the VETERAN'S records that the appellant has authorized the VA to obtain from the identified providers unless it is clear after the first request that a second request would be futile. All requests for the records should be documented in the claims file. If any such records are unavailable, inform the appellant and afford her an opportunity to submit copies. 2. After reviewing any additional evidence received and undertaking any further development deemed appropriate, readjudicate the claim. If the decision is averse to the appellant, issue a supplemental statement of the case and allow appropriate time for response. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Sutherell, 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.