Citation Nr: 0803354 Decision Date: 01/30/08 Archive Date: 02/08/08 DOCKET NO. 05-23 127 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Anchorage, Alaska THE ISSUES 1. Entitlement to service connection for patellofemoral pain syndrome, left knee. 2. Entitlement to service connection for right knee condition. 3. Entitlement to service connection for left ankle sprain. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Kristi L. Gunn, Associate Counsel INTRODUCTION The veteran served on active duty from November 1986 to August 1999, and is a current member of the Alaska Air National Guard. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2004 rating decision of the Anchorage, Alaska, Department of Veterans Affairs (VA) Regional Office (RO), which in pertinent part, denied service connection for left knee patellofemoral pain syndrome, right knee condition, and left ankle sprain. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The record as it stands is currently inadequate for the purpose of rendering a fully informed decision as to the claims of entitlement to service connection for left knee patellofemoral pain syndrome, right knee condition, and left ankle sprain. Where the record before the Board is inadequate to render a fully informed decision, a remand to the RO is required in order to fulfill its statutory duty to assist the veteran to develop the facts pertinent to the claim. Ascherl v. Brown, 4 Vet. App. 371, 377 (1993). The veteran contends that service connection is warranted for her left knee patellofemoral pain syndrome, right knee condition, and left ankle sprain. Review of the record indicates that the veteran is a current member of the Air National Guard in Anchorage, Alaska. In October 2003, the RO requested records from the Kulis Air National Guard Base of the Alaska Air National Guard; however, no response was received from the National Guard. In January 2004, the RO contacted the Kulis Air National Guard Base in regards to the veteran's service medical records. In the January 2004 Report of Contact Form, the RO was informed that the veteran was actively assigned to a guard unit and she could obtain copies of the service medical records for VA, but it was not the policy of the National Guard to release original records to VA unless the member was discharged from the National Guard. As such, a letter was sent to the veteran on January 20, 2004, requesting an original or certified copy of the veteran's DD Form 214, but there was no mention of requesting the veteran to obtain her Air National Guard service medical records. In an August 2004 personal statement, the veteran asserts that she submitted her National Guard records along with her original application, but there are no National Guard records associated with the claims file. The Board finds that an attempt should be made to obtain the veteran's Alaska Air National Guard records as they are relevant to the issues on appeal. The Board reminds the veteran that the "the duty to assist is not always a one-way street. If a veteran wishes help, she/he cannot passively wait for it in those circumstances where she/he may or should have information that is essential in obtaining the putative evidence." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The veteran must be prepared to meet her/his obligations by cooperating with VA's efforts to acquire all medical evidence supporting a claim. Olson v. Principi, 3 Vet. App. 480 (1992). Consequently, the Board concludes that a remand to accord the veteran an opportunity to provide the relevant information is necessary. Therefore, in order to give the veteran every consideration with respect to the present appeal and to ensure due process, it is the Board's opinion that further development of the case is necessary. Accordingly, the case is REMANDED for the following action: 1. Send the veteran a VCAA notice letter under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b), that includes an explanation as to the information or evidence needed to establish service connection for the claimed disabilities, as well as a disability rating and effective date for the claims on appeal, as outlined by the Court in Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006). 2. Contact the veteran through her representative and ask her to obtain copies of her service medical records at the Kulis Air National Guard Base in Anchorage, Alaska. The veteran should be reminded that if VA cannot obtain them, as in this case, it is her responsibility to obtain them and submit them to VA. 3. After accomplishing any other development deemed appropriate, readjudicate the claims for entitlement to service connection for left knee patellofemoral pain syndrome, right knee condition, and left ankle sprain. If the benefits sought in connection with the claims remain denied, the veteran should be provided with an appropriate Supplemental Statement of the Case and given the appropriate time period within which to respond. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ C. CRAWFORD Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).