Citation Nr: 22016872
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 17-55 459
DATE: March 23, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran had active service in the United States Navy from October 1955 to August 1957.  The Veteran passed away in February 2007, and the appellant is seeking benefits as his surviving spouse.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  This matter was last before the Board in June 2020, when it was remanded for further development.

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

The appellant contends that the Veteran's kidney failure was due to his diabetes, and that the Veteran had to retire from the military due to his diabetes. Evidence   in the file reveals the Veteran reported being diagnosed with diabetes in 1977. The record contains information pertaining to the Survivor Benefit Program (SBP), wherein the Veteran reported he retired as a Staff Sergeant on October 23, 1997. Such suggests he may have been a long-time member of the reserves. Given the record, remand is warranted to request service personnel records and service treatment records pertaining to any reserve service.

Additionally, the Board notes that while attempts were made to obtain VA treatment records from 1979 to September 1998, no formal finding of unavailability is of record. On remand, the RO should attempt to obtain           those records and/or provide a formal finding that further attempts to obtain      those records would be futile.

The matters are REMANDED for the following action:

1. Request service personnel records and service treatment records pertaining to any reserve service. If no records exist, the appellant should be notified of such.

2. Request VA treatment records from 1979 to September 1998. If the records cannot be obtained, provide a formal finding that further attempts to obtain those records would be futile.

3. If the claim remains denied, issue a supplemental statement of the case. 

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Asare, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.