Citation Nr: 22016109 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 17-31 602 DATE: March 21, 2022 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1954 to November 1957 and from February 1962 to July 1975. The Veteran passed away in January 2004, and the Appellant is his surviving spouse. This case comes before the Board of Veterans' Appeals (Board) on appeal of a June 2015 rating decision. The Appellant was scheduled for a Board hearing in February 2022. However, the Appellant called VA regarding a November 11, 2021 letter informing her of the February 2022 hearing date. The Appellant said she wanted to cancel the appeal. The Appellant was advised to send a cancellation request in writing, which she refused. VA did not send any follow up documents. Pursuant to 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision. Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing. Withdrawal may be made by the Veteran or by his or her authorized representative. 38 C.F.R. §§ 20.202, 20.204. Since there is no appeal withdrawal in writing of record, the Board will adjudicate the claim. Remand is required to obtain missing medical records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making as many requests as are necessary to obtain relevant records from a federal department or agency, including, but not limited to, military records, VA medical records, records from facilities with which the VA has contracted. 38 C.F.R. § 3.159(c)(2). VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist, or the custodian does not have them. 38 C.F.R. § 3.159(c)(2). VA's duty to assist claimants to obtain evidence needed to substantiate a claim also includes making reasonable efforts to obtain relevant private medical records. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). On the Appellant's May 2015 VA Form 21-534EZ Application for DIC, Death Pension, and/or Accrued Benefits, she noted that the Veteran received care at the VA Medical Center in Salisbury North Carolina and in Huntsville, Alabama. The Board notes there are no VA medical records in the Veteran's file. Accordingly, a remand is required to obtain any VA and any private medical records not in the Veteran's file. The matter is REMANDED for the following action: 1. Contact the appropriate VA Medical Centers and obtain and associate with the claims file all outstanding records of treatment, specifically any outside treatment records scanned into Vista imaging. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the appellant and her representative. 2. Contact the Appellant and afford her the opportunity to identify the address and dates of any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Appellant and her representative. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Hetman 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.