Citation Nr: 1318588 Decision Date: 06/07/13 Archive Date: 06/11/13 DOCKET NO. 09-27 918 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for diabetes mellitus Type II to include as due to exposure to Agent Orange. 2. Entitlement to service connection for hypertension. 3. Entitlement to service connection for a heart condition. 4. Entitlement to service connection for a bilateral shoulder condition. 5. Entitlement to service connection for a back injury. 6. Entitlement to service connection for a bilateral leg condition. 7. Entitlement to service connection for a bilateral foot condition. 8. Entitlement to service connection for a kidney condition. 9. Entitlement to service connection for erectile dysfunction. 10. Entitlement to service connection for an eye condition. 11. Entitlement to service connection for a skin condition to include as due to exposure to Agent Orange. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD E. I. Velez, Counsel INTRODUCTION The appellant had active service from May 1973 to May 1976. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of June 2008 by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. 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 Veteran seeks service connection for diabetes mellitus type II, hypertension, a heart condition, a bilateral shoulder disability, a back injury, a bilateral leg condition, a bilateral foot condition, a skin condition, a kidney condition, erectile dysfunction and an eye condition. After a careful review of the evidence of record the Board finds that additional development is needed prior to deciding the claim. The Veterans Claims Assistance Act of 2000 (VCAA) describes VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103(a), 5103A, 5107, 5126 (West 2002); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2012). Upon receipt of a complete or substantially complete application for benefits, VA is required to notify the claimant and his or her representative, if any, of any information, and any medical or lay evidence, that is necessary to substantiate the claim. 38 U.S.C.A. § 5103(a) (West 2002); 38 C.F.R. § 3.159(b) (2012); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Additionally, the VCAA provides that VA shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim, unless no reasonable possibility exists that such assistance would aid in substantiating the claim. In a January 2013 letter, the Veteran stated that he injured his upper and lower back and his legs between 1982 and 1986 while serving with the Army Reserves. He identified his reserve unit as the Army Reserves, 95th Decision Training in Lawton, Oklahoma, and in Baumholder, Germany as an unattached reservist. A review of the claim fiel shows that the RO has not requested any of the Veteran's Reserve treatment records. Indeed, only records from his active duty period have been obtained. The only treatment record from the Veteran's reserve service appears to be a single entry of 1981. This is before the date of the claimed injuries. Accordingly, the RO should attempt to obtain the outstanding treatment records. While the Veteran has only alluded to injuries of the back and legs during his reserve service, as there is no way to determine if there is any additional evidence relevant to the other issues on appeal, the Board will defer a decision as to all of the issues pending on appeal until the outstanding records have been obtained. Accordingly, the case is REMANDED for the following action: 1. The RO/AMC should confirm the periods of Reserve service for the Veteran between 1982 and 1986. 2. After the above development has been completed, the RO/AMC should request all of the Veteran's treatment records form his confirmed periods of reserve service. If needed, the RO/AMC should request the records directly from the Veteran's Unit, the 95th Division Training. All efforts to obtain the records should be clearly documented in the claims file. 3. Following completion of the above, conduct any additional development deemed necessary. Thereafter, readjudicate the issues on appeal. If the decisions remain adverse to the appellant, he and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. 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. 2012). _________________________________________________ MICHAEL LANE 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) (2012).