Citation Nr: 24005100 Decision Date: 02/01/24 Archive Date: 02/01/24 DOCKET NO. 18-27 917 DATE: February 1, 2024 REMANDED The issue of entitlement to service connection for bilateral pes planus is remanded. The issue of entitlement to service connection for carpal tunnel syndrome of the right upper extremity is remanded. The issue of entitlement to service connection for carpal tunnel syndrome of the left upper extremity is remanded. The issue of entitlement to service connection for bilateral hernias is remanded. The issue of entitlement to special monthly compensation (SMC) based upon housebound status prior to January 20, 2021, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1992 to August 1994. This matter comes before the Board of Veterans' Appeals (Board) from a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), the agency of original jurisdiction (AOJ). In October 2021, the Veteran testified at a Board virtual hearing; a transcript of the hearing is associated with the claims file. In May 2022, the Board remanded the appeal to the AOJ for additional development. At that time the Board also granted a 100 percent disability rating for schizoaffective disorder from October 30, 2014 (the effective date of the award of service connection) to November 14, 2016 (after which the RO had already assigned a 100 percent rating). At the same time, the Board explained that the Veteran had previously been granted SMC at the housebound rate pursuant to 38 U.S.C. § 1114(s) from January 20, 2021, and SMC based upon the need for aid and attendance from June 21, 2021. Accordingly, the Board added the issue of entitlement to SMC based upon the housebound criteria under 38 U.S.C. § 1114(s) prior to January 20, 2021, to the issues on appeal being remanded. In February 2023, the Board again remanded the issues on appeal to the AOJ for further development. 1. The issue of entitlement to service connection for bilateral pes planus is remanded. 2. The issue of entitlement to service connection for carpal tunnel syndrome of the right upper extremity is remanded. 3. The issue of entitlement to service connection for carpal tunnel syndrome of the left upper extremity is remanded. 4. The issue of entitlement to service connection for bilateral hernias is remanded. In the February 2023 Remand, the Board directed to the AOJ to attempt to obtain any additional service treatment records, to include the report of any discharge examination conducted. If there was "no available discharge examination, that fact should be documented in the record." In May 2023 correspondence, the AOJ asked Veteran to submit any treatment records related to his claimed conditions to VA or to submit completed authorization and release forms to allow VA to obtain such records on his behalf, to identify any VA treatment he may have received, or to submit any lay statements regarding his claimed disabilities. The May 2023 letter did not mention any efforts by VA to obtain additional service treatment records. In fact, a review of the claims file indicates that the AOJ took no further action in attempting to obtain any outstanding service treatment records, including the report of any separation examination, that may exist. Moreover, it is not evident whether the AOJ concluded that the service treatment record(s) in question do not exist or that further efforts to obtain them would be futile, and there is no indication that the AOJ provided notice to the Veteran of the inability to obtain those records pursuant to 38 C.F.R. § 3.159(e). Therefore, the Board must remand the issues on appeal to allow the AOJ to attempt to obtain any outstanding service treatment records and to provide proper notice to the Veteran if such records are unavailable. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that a remand by the Board confers upon a claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand). 5. The issue of entitlement to SMC based upon housebound status prior to January 20, 2021, is remanded. Because the service connection issues being remanded may have a bearing on the issue of entitlement to SMC based upon housebound status prior to January 20, 2021, the service connection and SMC issues are inextricably intertwined. Accordingly, the issue of SMC must also be remanded. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: Attempt to obtain any outstanding service treatment records that may exist, including the report of any separation examination. If the AOJ concludes that such records do not exist or that further efforts to obtain those records would be futile, then the AOJ must provide notice to the Veteran and his representative of (1) the identify of the records VA was unable to obtain; (2) an explanation of the efforts VA made to obtain the records; (3) a description of any further action VA will take regarding the claims, including, but not limited to, notice that VA will decide the claims based on the evidence of record unless the claimant submits the records VA was unable to obtain; and (4) a notice that the claimant is ultimately responsible for providing the evidence. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Kirscher Strauss 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.