Citation Nr: 18131233
Decision Date: 08/31/18	Archive Date: 08/31/18

DOCKET NO. 15-46 368
DATE:	August 31, 2018
REMANDED
Entitlement to service connection for kidney cancer with removal of the left kidney, to include as due to herbicide exposure, is remanded.
REASONS FOR REMAND
The Veteran had active service from October 1965 to October 1968, including service in Vietnam.
Entitlement to service connection for kidney cancer with removal of the left kidney, to include as due to herbicide exposure, is remanded.
In November 2013 the Veteran submitted insurance paperwork indicating that he underwent a nephroureterectomy in April 2008 at St. Johns Mercy Medical Center.  The Veteran has also submitted an October 2017 order for a CT scan from Missouri Baptist Medical Oncology related to surveillance of metastatic cancer.        The Veteran’s treatment records from St. Johns Mercy Medical Center and Missouri Baptist Medical Oncology are not of record, and the record does not show that that they have been requested.  The duty to assist requires that VA assist the Veteran in obtaining these treatment records.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).  Furthermore, the Veteran must be notified if the agency of original jurisdiction (AOJ)/regional office is unable to obtain any records for which he submits the necessary authorization.  See 38 C.F.R. § 3.159(e).
The matter is REMANDED for the following action:
1. The Veteran should be given an opportunity to identify any outstanding private records relevant to the claim on appeal.  After obtaining any necessary authorization from the Veteran, all outstanding records, to specifically include those from St. Johns Mercy Medical Center and Missouri Baptist Medical Oncology, should be obtained.
For private treatment records, make at least two attempts to obtain records from any identified sources.  If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession.
2. After obtaining any outstanding records, the AOJ should review the record and conduct any additionally indicated development, to include providing a VA examination if necessary, to decide the claim.

 
C. CRAWFORD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Scott Shoreman, Counsel

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