Citation Nr: 25004151
Decision Date: 03/26/25	Archive Date: 03/26/25

DOCKET NO. 18-19 149
DATE:  March 26, 2025

REMANDED

Entitlement to service connection for a psychiatric disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1977 to February 1977.

These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board. Most recently, in an October 2023 decision, the Board denied the appeal. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2024 Order, the Court granted a Joint Motion of the parties, vacated the Board's October 2023 decision, and remanded the case to the Board for action consistent with the Joint Motion. 

Service Connection - Psychiatric Disability

On appeal to the Court, the Joint Motion detailed that the "[t]he Board failed to ensure that VA satisfied its duty to assist because the record identifies outstanding private medical records from 'Cottage Hospital.'" See July 2024, Joint Motion, pg. 2. The Joint Motion went on to outline what the Board must do ensure fulfillment of VA's duty to assist. Id. In light of the foregoing, the Board must remand this matter to assist the Veteran in associating such outstanding medical records with the file on appeal.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA or private treatment records and associate them with the Veteran's claims file, including those associated with his 1975/76 hospitalization at Cottage Hospital and/or Henry Ford Medical Center - Grosse Point. 

A letter must be sent to the Veteran requesting that he identify any relevant outstanding private treatment records and any other relevant evidence pertaining to his claim for service connection for a psychiatric disability. He should be invited to submit this evidence himself or to request that VA to obtain it on his behalf. Authorized release forms (VA Form 21-4142) should be provided for this purpose. 

If the Veteran properly fills out and returns any authorized release forms for private records identified by him, reasonable efforts should be made to obtain such records and associate them with the claims file. At least two such efforts should be made unless it is clear from the private provider's response to the first request that a second effort would be futile. 

If attempts to obtain any records identified by the Veteran are not successful, he MUST be notified of this fact and all efforts to obtain them must be documented and associated with the claims file.

2. Confirm that the development conducted comports with this remand and undertake any other development determined to be necessary. 

3. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. 

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Davis, Alexandra J.

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.