Citation Nr: 25008554 Decision Date: 06/27/25 Archive Date: 06/27/25 DOCKET NO. 18-19 149 DATE: June 27, 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). 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. In a March 2025 decision, the Board remanded the Veteran's claim. Although the Board regrets the delay, further development is still needed before an adjudication on the merits is made. Service Connection - Psychiatric Disability In the most recent March 2025 remand, the Board directed the agency of original jurisdiction (AOJ) to assist the Veteran in obtaining outstanding private medical treatment records from "Cottage Hospital" and/or "Henry Ford Medical Center - Grosse Point." In April 2025, the AOJ sent the Veteran a subsequent development letter requesting him to complete and submit authorizations/releases (VA Form 21-4142/VA Form 21-4142a) that were needed to obtain such records. It does not appear that the Veteran submitted any completed forms. Thus, a supplemental statement of the case was issued in May 2025. In June 2025, the Veteran's representative submitted a brief wherein they indicated that the AOJ's subsequent development letter was unclear, and that the Veteran did not understand what was being requested of him. Thus, the Veteran "continues to disagree with the processing of his case by the [AOJ]." Out of overabundance of caution and care to the Veteran and his claims, the Board accordingly finds that the AOJ has failed to substantially comply with its March 2025 remand directives. A remand by the Board confers on the claimant a legal right to compliance with the remand order. Stegall v. West, 11 Vet. App. 268, 271 (1998). Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessities remand for corrective action. Id. The Veteran is reminded that the duty to assist is a two-way-street. If the Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Thus, if he desires his private treatment records to be considered in his claim, he must either complete and submit the proper medical authorizations and releases - namely, VA Form 21-4142, General Release for Medical Provider Information to the Department of Veterans Affairs, and VA Form 21-4142a, Authorization to Disclose Information to the Department of Veterans Affairs - or obtain and submit the private treatment records himself. The Veteran is further reminded that pursuant to the subsequent development letter, he has thirty (30) days from the date on the letter to respond or the AOJ may make a decision on his claim. 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 from Cottage Hospital and/or Henry Ford Medical Center - Grosse Point for the time period of 1975/1976. A letter must be sent to the Veteran requesting that he identify any relevant outstanding private treatment records, INCLUDING the information pertaining to his treatment at Cottage Hospital and/or Henry Ford Medical Center - Grosse Point, 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 and VA Form 21-4142a) should be provided for this purpose. The Veteran should be reminded that VA is unable to obtain such records on his behalf unless he completes the authorized release forms. 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.