Citation Nr: 22016690 Decision Date: 03/23/22 Archive Date: 03/23/22 DOCKET NO. 20-14 717 DATE: March 23, 2022 REMANDED Entitlement to service connection for a cervical spine disability is remanded. Entitlement to an evaluation in excess of 70 percent for service-connected posttraumatic stress disorder (PSTD) is remanded. Entitlement to special monthly compensation (SMC) benefits based on the need for aid and assistance under 38 U.S.C. § 1114 (l) or at the housebound rate is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States United States Navy from June 1946 to April 1948 and in the United States Air Force from November 1949 to November 1960. He is in receipt of a Purple Heart Medal. This matter comes to the Board of Veterans' Appeals (Board) from a September 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with this determination, and the present appeal ensued. The Veteran's appeal was previously before the Board in September 2020 and October 2021, when it was determined that remand was necessary to ensure that VA fulfilled its duty to assist the Veteran in substantiating his appeal. The Board's prior remand directives and the subsequent actions of the AOJ will be discussed below. The Veteran's appeal has been returned to the Board for further appellate consideration. 1. Entitlement to service connection for a cervical spine disability is remanded. 2. Entitlement to an evaluation in excess of 70 percent for service-connected PSTD is remanded. 3. Entitlement to SMC benefits based on the need for aid and assistance under 38 U.S.C. § 1114 (l) or at the housebound rate is remanded. In pertinent part, the Board's October 2021 remand directed the AOJ to obtain and associate all update VA and private treatment records, with the Veteran's assistance regarding the latter, a provide the Veteran with VA examinations. In November 2021, the Veteran submitted a completed VA Form 21-4142a, outlining that he had received recent medical treatment from two VA clinicians and five private providers. In response to the Veteran's November 2021 filings, the AOJ associated updated VA treatment with the Veteran's file and notified him that the five private physicians reflected in the VA Form 21-4142a had been contacted about the outstanding evidence; however, it was ultimately his responsibility to ensure that these records were received by VA. While records from three of these private physicians were obtained and associated with the file by the AOJ, there is no indication that private records were sought or obtained from Drs. Foster and Van Woerkom. The Veteran's appealed issues were subsequently denied by the AOJ and returned to the Board. The Veteran's file remains devoid of records from these private providers or efforts to obtain such records. VA's duty to assist the Veteran provides that such reasonably identified private treatment records must be obtained and associated with the file. In short, the Board cannot find that VA has fulfilled its duty to assist the Veteran, and moreover, the Board's prior remand directives have not been substantially completed. Accordingly, another remand is necessary. The matters are REMANDED for the following actions: 1. The AOJ must obtain and associate with the file all update records of VA and private treatment, with the Veteran's assistance regarding the latter. *Regardless of the Veteran's submission of an additional VA Forms 21-4142a, the AOJ must make all attempts necessary under VA's duty to assist to obtain and associate with the file all records from Drs. Foster and Van Woerkom, as the Veteran's November 2021 release for such has not expired. *The AOJ must commemorate the file and notify the Veteran of all actions undertaken in furtherance of ensuring the completeness of the record for review. 2. Thereafter, the AOJ must undertake any actions which reasonably flow from the medical evidence added to the file after the November 2021 Supplemental Statement of the Case, to include providing the Veteran with additional VA examinations or obtaining addendum medical opinions if the updated medical evidence may impact the adequacy of the November 2021 VA examinations and opinions. 3. Thereafter, the AOJ must readjudicate the Veteran's appealed issues in light of the totality of evidence of record. If any benefit sought is not granted to the fullest extent, the AOJ must provide the Veteran and his representative with a copy of the readjudication and afford them an appropriate period to respond. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott W. Dale, 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.