Citation Nr: 22049136
Decision Date: 08/29/22	Archive Date: 08/29/22

DOCKET NO. 18-30 182
DATE: August 29, 2022

REMANDED

Entitlement to service connection for cause of death is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty from June 1973 to November 1980. He died in November 2016.  The appellant is the Veteran's surviving spouse. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office. 

In February 2020, the appellant testified at a travel board hearing before the undersigned; a transcript of that hearing is of record.

The Board remanded this matter in December 2021 for additional development.

Entitlement to service connection for cause of death is remanded.

In September 2017, the appellant submitted a VA Form 21-4142 (medical release authorization) for VA to obtain records from UTMB.  A November 2017 Report of Contact documented that the records were ready and queued to be faxed to VA later that day.  No records were received.  A subsequent letter was sent to UTMB in February 2018 in an attempt to obtain those treatment records; no response was received from the provider.  In this instance, however, VA did not send the appellant correspondence that it was making a second and final attempt to obtain those records.  Because she was not notified that the records were not received, a remand is necessary to notify her of this fact.  See 38 C.F.R. § 3.159(e).  

The matter is REMANDED for the following action:

1. Obtain, if possible, records of relevant private evaluations and treatment the Veteran has received, to include from UTMB. The appellant must assist in the matter by identifying the Veteran's private healthcare providers and by submitting releases for VA to obtain any private records identified (that have not been previously obtained).  If no records are received, then the record should be annotated to reflect as such, and the appellant notified in accordance with 38 C.F.R. § 3.159(e).

2. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures. 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.