Citation Nr: 22019796
Decision Date: 04/03/22	Archive Date: 04/03/22

DOCKET NO. 13-29 736
DATE: April 3, 2022

REMANDED

Entitlement to service connection for chronic lymphocytic leukemia is remanded.

Entitlement to service connection for diabetes mellitus is remanded.

Entitlement to service connection for hypertension is remanded.

Entitlement to service connection for bilateral lower extremity neuropathy is remanded.

Entitlement to service connection for chronic condition manifested by memory loss and syncope is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1964 to April 1966. 

These matters come before the Board of Veterans' Appeals (Board) on appeal of a December 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In May 2013, the Veteran died.  The next month, the Appellant (the Veteran's surviving spouse) timely applied for dependency and indemnity compensation (DIC), death pension, and accrued benefits, which VA interprets to include a request to substitute.  38 C.F.R. § 3.1010(c)(2).

In August 2013, the RO recognized the Appellant as an eligible substitute for purposes of processing the appeal to completion.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010. 

In January 2019, the Appellant testified at a hearing conducted by the undersigned Veterans Law Judge.  

The Board remanded the Appellant's claim three times before ultimately denying it in November 2019.  She appealed to the Court of Appeals for Veterans Claims (the Court).  In November 2020, the Court set aside the Board's decision and remanded the case for readjudication.  In July 2021 the Board remanded the claims for development.

Entitlement to service connection for chronic lymphocytic leukemia, diabetes mellitus, hypertension, bilateral lower extremity neuropathy, and a chronic condition manifested by memory loss and syncope are remanded.

After the July 2021 Board remand, the Appellant's attorney raised a duty to assist error and requested that VA obtain Walter Reed National Military Medical Center records.  See October 2021 VA Form 21-4138.  The Appellant referenced a March 2020 statement, in which the Veteran alleged herbicide exposure in August 1965 and reported treatment for extreme head, nasal, and chest congestion at Walter Reed National Military Medical Center. See March 2020 VA Form 21-4138.

Because the Appellant has raised a duty to assist error, and these records are not associated with the claims file, a remand is warranted to obtain the Veteran's treatment records at Walter Reed National Military Medical Center.  38 C.F.R. § 3.159(c)(2). 

 

The matters are REMANDED for the following action:

Obtain copies of the Veteran's treatment records from Walter Reed National Military Medical Center from April 1964 to present, including August 1965 treatment, and associate them with the claims file.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Amanda Baker, 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.