Citation Nr: 1321076	
Decision Date: 07/01/13    Archive Date: 07/12/13

DOCKET NO.  11-04 009	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Nashville, Tennessee


THE ISSUES

1. Entitlement to service connection for Human Immunodeficiency Virus (HIV).

2. Entitlement to service connection for penile condylomas.


ATTORNEY FOR THE BOARD

M. Sopko, Associate Counsel


INTRODUCTION

The Veteran had active service from May 2002 to July 2002 and from March 2003 to October 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee.  

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 served in Iraq in 2003.  In December 2003, two months after separating from active duty, he had a penile condyloma surgically removed, for which he seeks service connection.  See December 2003 private treatment record.  He denies having sex while on active duty in Iraq.  See April 2010 VA examination.  He asserts he was sexually active upon returning stateside during a 180-day stand down period.  See May 2010 lay statement.  

Additionally, he seeks service connection for HIV.  He contends his HIV first manifested in 2003 when he sought treatment for a sore throat at BMC Millington.  See April 2010 VA examination and October 2009 claim.  There are no records of such treatment contained in the service treatment records (STRs), so the RO should attempt to obtain these records on remand.  Subsequent to this reported treatment, he tested negative for HIV in February 2004, but tested positive for the first time in October 2004.  See October 2004 private treatment record.  

VA treatment records show the Memphis & Shelby County Health Department treated the Veteran for his HIV in 2008.  See, e.g., July 14, 2009 treatment record.  These records are not contained in the claims file, so the RO should attempt to obtain them on remand.

As the claim must be remanded, the RO should obtain all VA treatment records created or updated after the most recent medical evidence associated with the claims file from April 2010.

Accordingly, the case is REMANDED for the following action:

1. Ask the Veteran to (a) identify all records of VA and non-VA health care providers who have provided any medical treatment relevant to the claim on appeal.  After obtaining appropriate authorizations for release of medical information, obtain the relevant and previously unobtained records from each health care provider the Veteran identifies.  Advise the Veteran that with respect to private medical evidence, he may alternatively obtain the records on his own and submit them to the RO/AMC. 

The records sought must include any relevant records of VA or private treatment created or updated after the most recent medical evidence associated with the claims folder from April 2010. 

2. Obtain the Veteran's treatment records from the Memphis & Shelby County Health Department, as described in his VA treatment records.

3. Obtain all previously unobtained treatment records from BMC Millington.

4. After the above has been completed, the RO must review the claims file and ensure that all of the foregoing development actions have been conducted and completed in full.  If any development is incomplete, appropriate corrective action must be implemented.  

4. After undertaking any additional development deemed necessary, readjudicate the issues on appeal.  If the benefits sought remains denied, in whole or in part, the Veteran must be provided with a Supplemental Statement of the Case and be afforded reasonable opportunity to respond.  The case must then be returned to the Board for further appellate review, if otherwise in order. 

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).



_________________________________________________
KELLI A. KORDICH
Acting 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).